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DEPOSITS Vt 
STATE OF IDAHO 

WCKS COLUGB 



Digitized by the Internet Archive 

in 2013 



http://archive.org/details/compiledlawsofid01idah 



COMPILED LAWS OF IDAHO 



VOLUME I 



PART I. POLITICAL CODE. 



PREPARED BY 

B. W. OPPENHEIM 

Code Commissioner 



1918 
Syms-York Co., Printers and Binders 
Boise, Idaho 



Copyright 1918 by B. W. Oppenheim 



u-> 



V\. 






PREFACE 



This compilation designated ''Compiled Laws" and prepared under 
the provision of an act of the legislature, '17, c. 78, p. 241, should properly 
be regarded as a temporary or preliminary edition. Constructive criti- 
cism is freely invited, in order that the legislature may, if it adopts the 
code, improve the permanent edition the issuance of which it will probably 
authorize. 

Compilation is rendered more difficult because of the artificial division 
into four codes, required by the revision act, a difficulty which was fully 
commented upon by the former commissioner, Hon. John F. MacLane. 

The codification here attempted is codification in its narrower sense 
of compilation and minor revision "with the errors, inconsistencies, repe- 
titions and ambiguities eliminated. " All changes made by the commis- 
sioner have been noted in the historical notes. Revision has of course not 
been complete. The fierce light that beats upon some particular section of 
the code in a law suit is constantly revealing defects requiring interpreta- 
tion or elimination. The code is susceptible of indefinite improvement. 
There is no point at which it can be said to have arrived at perfection. 
The most that can be expected, therefore, is to make the sources of the 
statutory law available in convenient form as of the moment of printing, 
but with the realization that the following moment the law begins to 
change. With respect to clerical and mechanical perfection the most that 
can be hoped for is a reasonable degree of efficiency within the limits of 
the time allowed and money appropriated for the work. 

The general plan of this compilation follows closely the lines of the 
Revised Codes of 1908, though some points of difference require 
explanation. 

The present tendency in code making, whether the subjects are ar- 
ranged alphabetically or topically, is to recognize the chapter as the code 
unit, as it is the legislative unit. At the same time there is a present 
necessity of recognizing the general mechanical arrangement . based on 
the section unit with which code users in this state are familiar. Until 
the legislature shall definitely adopt one system or the other, and for the 
purposes of this preliminary edition, a system of numbering has been 
adopted which recognizes both theories. The old section numbers of the 
Revised Codes are retained so far as possible, but chapters are numbered 
consecutively throughout, and sectionizing within the chapters has been 
applied to those acts which the legislature has itself revised, to a few which 
the commissioner has revised and to a few which were changed from their 
sequence in the Revised Codes. 

The organic laws of the state and other matters, classed in the Revised 
Codes as "Introductory Matters," will appear in the last volume with 



IV PREFACE 

reference tables and index. There is but one consolidated index to the 
entire work. 

Citations to the decisions of the courts are the result of independent 
investigation, but the results show that reliance can generally be placed in 
the citators prepared by law publishers. Citations are carried through 
the following decisions: 

30 Idaho. 

171 Pacific. 

248 Federal. 

244 U. S. 
4 P. U. C. I. 
P. U. R. 1918A. 
Comparative legislative notes, which in the Revised Codes were very 
complete as to California, have been extended in the Code of Civil Pro- 
cedure and the Penal Code to the Compiled Laws of North Dakota. The 
latter, like California, early adopted the original Field Code. In time 
such notes may possibly be extended with profit to other Field Code states. 
The laws of North Dakota were selected because the annotations in its 
latest compilation, like Kerr's Code of California, are useful in solving 
problems of statutory construction. 

The justices of the supreme court, Hon. Alfred Budge, Hon. Wm. M. 
Morgan and Hon. John C. Rice, have approved and supervised the general 
plan of the work, and made many useful suggestions. The members of the 
bar and bench have so generally assisted in this compilation that I hesitate 
to attempt to catalog their names in acknowledgment. I am under special 
obligation to Judge J. M. Flynn of the Eighth judicial district, who, in 
addition to giving the code a detailed examination and criticism, has per- 
mitted the free use of his Idaho Digest, in which permission the pub- 
lisher, Bancroft-Whitney Co., has joined. The Cross-France Co., Inc., has 
also permitted the free use of its copyrighted digest and citator. Both of 
the law publishers mentioned, as well as the Lawyers' Cooperative Pub. 
Co. and Bender-Moss Co., have extended other courtesies and assistance. 

B. W. OPPENHEIM. 
Boise, July 1, 1918. 



TABLE OF CONTENTS 



§22 


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33 


5:1-11 


34 


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35 


§27-8 


35 



Chapter. Sections. Page. 

1. Preliminary provisions 1:1-3 1 

PART I. POLITICAL CODE. 

TITLE I. POLITICAL DIVISIONS. 

2. Seat of government 

3. Counties 

4. Legislative districts 

5. Judicial districts 

6. Congressional districts 

7. Cessions to the federal government §§27-8 

TITLE II. STATE OFFICERS. 

8. Classification and term of office §§31-2a 37 

9. Legislative officers. 

1. Constitution and assembly of legislature §§33-7 37 

2. Contested elections §§39-57 38 

3. Attendance of witnesses before legislature §§58-62 41 

4. Enactment of laws and journal §§63-70 42 

5. Operation of laws §§71-4 44 

6. Employees of the legislature §§75-84 45 

10. Executive and administrative officers. §85 47 

1. Board of trustees of capitol building §§86-9 47 

2. Governor §§90-3 48 

3. Secretary of state §§94-101 49 

4. State auditor §§102-16 53 

5. State treasurer §§117-41 57 

6. Attorney general §§142-3 61 

ADMINISTRATIVE STATE BOARDS AND OFFICERS. 

11. State board of examiners .... 11:1-15 63 

12. State examiner 12:1-19 66 

13. State depositary law. 

1. Deposit of state funds 13:1-5 69 

2. State depositories 13:6-7 70 

3. Security for deposits 13:8-17 71 

4. Duties of treasurer 13:18-30 74 

14. Other officers and boards §210 77 

15. Officers of the judicial department. 

1. Judges §211 77 

2. Clerk of supreme court §§212-21 78 

3. Supreme court reporter - §§222-9 79 

4. Other court officers - §230 81 

16. Notaries public > . §§231-42a 81 

17. Commissioners of deeds §§243-49 83 

TITLE III. PUBLIC OFFICERS. 

18. General provisions applicable to all officers. 

1. Qualifications and restrictions on residence §§250-4 85 

2. Prohibitions against contracts with officers £§255-61 86 

3. Nominations and commissions §§262-7 87 

4. Oath of office §§268-73 87 

5. Salaries of officers • §§274-8a 88 

6. Reports of officers §§279-81b 90 

7. Budget §§281c-f 91 

8. Nepotism §§281g-h 92 

19. Bonds of officers §§282-316 92 

20. Resignations and vacancies S§317-32 98 

21. Miscellaneous provisions §§333-43f 102 

TITLE IV. ELECTIONS. 

22. General provisions ££344-6 106 

23. Time for holding elections §§347-52 106 



VI TABLE OF CONTENTS 

Chapter. Sections. Page. 

24. Notices of election §§353-6 108 

25. Qualifications of voters §§357-63 • 109 

26. Election precincts, judges and clerks §§364-70 110 

27. Direct primary elections 27:1-44 112 

28. Nominations by convention and by petition §§382-92 125 

29. Registration of electors §§393-401 129 

30. Ballots and supplies §§402-13 134 

31. Conduct of election §§414-38 141 

32. Absent voting - 32:1-14 147 

33. Canvass of returns. 

1. Canvass by judges §§439-47 150 

2. Canvass by county commissioners §§448-9 153 

3. State board of canvassers §§450-6 154 

4. Errors and mistakes in ballots and returns §§457-8 156 

34. Presidential electors §§459-65 156 

35. Removal of county seats and changing county boundaries.. §§466-79 158 

36. Special elections §§480-4 161 

TITLE V. STATE MILITIA. 

37. National guard of Idaho. 

1. Organization 37:1-9 163 

2. Staff - 37:10-15 165 

3. Equipment 37:16-21 166 

4. Officers 37:22-44 167 

5. Enlisted men 37:45-53 172 

6. Service 37:54-67 174 

7. Privileges and exemptions 37:68-74 176 

8. Offenses 37:75-81 177 

9. Courts martial 37:82-107 179 

10. Appropriation 37:108 183 

TITLE VI. EDUCATION. 

38. Education. 

1. State board of education 38:1-39 184 

2. State superintendent of public instruction 38:40-7 189 

3. County superintendent 38:48-64 191 

4. School" districts 38:65-74 194 

5. District trustees 38:75-104 197 

6. School funds and finances 38:105-118a 206 

7. School district bonds 38:119-38 210 

8. Teachers 38:139-42 214 

9. Certification of teachers 38:143-76 215 

10. Teachers' institutes 38:177-80 222 

11. Independent school districts 38:181-216 223 

12. Teachers' retirement fund 38:217-22 231 

13. Rural high school districts 38:223-43 232 

14. Consolidated and joint independent and rural high 

school districts 38:244-50 236 

15. Prevention of disease 38:251-4 237 

16. Compulsory education 38:255-61 238 

17. Free tuition 38:262-5 239 

18. Proceedings for the correction of delinquent chil- 

dren 38:266-79 240 

19. Child labor law 38:280-7 246 

20. State library commission 38:288-90 248 

21. Public libraries 38:291-8 249 

22. Miscellaneous provisions .» 38:299-311 2'.)i 

TITLE VII. EDUCATIONAL INSTITUTIONS. 

39. State university §§485-99 254 

40. State university: Federal educational aid 40:1-11 257 

41. Lewiston normal school §§500-14 259 

42. Albion normal school §§516-32 262 

43. Normal schools: Federal educational aid 43:1-3 264 

44. Idaho technical institute §§545-57 265 

45. Idaho technical institute: Federal educational aid 45:1-3 267 

46. State school for deaf and blind 46:1-6 268 



TABLE OF CONTENTS v ii 

Chapter. Sections. Page 

47. Idaho industrial training school. 

1. Government of school 47:1-15 269 

2. Federal educational aid 47:17-19 271 

3. Commitment of delinquents 47:20-9 272 

TITLE VIII. CHARITABLE INSTITUTIONS. 

48. Insane asylums. 

1. Idaho insane asylum §8751-69 276 

2. Commitment to asylum §§770-83a 280 

3. State asylum and sanitarium fund §§783b-e 283 

4. Northern Idaho sanitarium §§784-91 284 

49. Idaho state sanitarium. 

1. Government of sanitarium 49:1-22 286 

2. Commitment to sanitarium 49:23-36 290 

50. Soldiers' home §§792-9a 292 

51. Funds of charitable institutions 51:1-5 294 

TITLE IX. MISCELLANEOUS PUBLIC INSTITUTIONS. 

52. Law libraries §§833-42d 297 

53. Historical society §§843-53 299 

54. Grand Army headquarters §§854-6 301 

55. Purchase of supplies for insitutions §§863-6 301 

TITLE X. PUBLIC WAYS. 

56. Floating timber §§867-73 203 

57. Highways. 

1. Enumeration of highways §§874-7 304 

2. Rules and restrictions on use of highways §§878-81 305 

3. Powers of commissioners and highway officers .... §§882-93b 306 

4. Highway taxes §§894-915 314 

5. Laying out, altering and discontinuing highways.. §§928-33 319 

6. Erection and maintenance of bridges §§936-42a 322 

7. Obstructions and injuries to highways §§943-63 324 

8. Regulation of wagon tires §§963g-i 329 

9. Leasing highways §§964-79 330 

58. Toll roads. 

1. Construction of toll roads §§980-1002 332 

2. Construction of toll roads for traction engines §§1003-6 337 

3. Use of toll roads §§1007 337 

4. Inspection and repair §§1008-12 338 

59. Public ferries and toll bridges. 

1. General provisions §§1013-27 339 

2. Toll bridges §§1028-36a 341 

3. Toll ferries ...» §§1037-8 343 

60. Miscellaneous provisions relating to toll roads, bridges and 

ferries §§1041-8 344 

61. Good road districts §§1049-60 345 

62. Highway district law 62:1-67 351 

63. State highway commission and registration of motor ve- 

hicles. 

1. State highway commission 63:1-11 383 

2. Federal road aid 63:llg-j :!SS 

3. Registration of motor vehicles 63:12-33 389 

TITLE XI. PUBLIC HEALTH AND SANITATION. 

64. Boards of health. 

1. State board of health §§1080-6 

2. Bureau of vital statistics §§1086a-93 401 

3. Local boards of health §§1095-1108 412 

65. Dairy, food and sanitary inspection. 

1. Department of dairy, food and sanitary inspection 65:1-11 419 

2. Inspection, confiscation and prosecution 65:12-16 421 

3. Adulteration and misbranding 65:17-37 422 

4. Regulation of dairies and dairy products 65:38-84 

5. Regulation of domestic water and ice 65:85-7 137 

6. Regulation of slaughter houses and meat products 65:88-115 1 37 



Vlii TABLE OF CONTENTS 

Chapter. Sections. Page. 

7. Regulation of oils 65:116-28 442 

8. Regulation of hotels 65:129-50 - 445 

9. Regulation of barber shops 65:151-3 449 

TITLE XII. REGULATION OF LIVESTOCK INDUSTRY. 

66. Inspection and suppression of diseases among live stock. 

1. Livestock sanitary board §§1153-7 450 

2. State veterinary surgeon and livestock inspectors §§1158-75 451 

3. Treatment of diseased animals §§1176-83 455 

4. Restrictions on the importation of live stock §§1184-7 458 

5. Inspection of sheep §§1188-96 460 

6. Extermination of predatory animals §§1197-1204i 463 

7. General provisions relating to the inspection of 

animals §§1205-12 465 

8. Regulations governing diseased animals §§1213-16g 467 

67. Regulation of sires 67:1-21 468 

68. Two-mile limit law §§1217-19 472 

69. Dogs killing sheep or goats §1220 473 

70. Liabilities of stock ranchers §§1221-3 474 

71. Marks and brands. 

1. Stock growers' brands §§1224-38 474 

2. Stock drovers' brands §§1239-45 478 

3. Inspection of brands before shipment of live stock §§1246-54 479 

4. Record of brands on slaughtered cattle §§1255-7 482 

5. Auctioneers' registers §§1258-62 482 

72. Leases of live stock §1263 483 

73. Inclosures. 

1. Fences §§1264-75 483 

2. Inclosures of reservoirs and dumps §§1276-7 486 

74. Animals running at large and trespassing. 

1. Hog trespass §§1278-83a 486 

2. Stallions running at large §S1284-7 488 

3. Animals running at large in towns §§1288-90a 489 

4. Bulls on the range §1290g 489 

5. Trespass of animals §§1291-8 489 

75. Estrays §§1299-1301a 491 

76. Herd districts §§1302-9 494 

TITLE XIII. REGULATION OF AGRICULTURE. 

77. State board of agriculture 77:1-8 497 

78. Pure seed law 78:1-12 499 

79. Farm markets bureau. 

1. Director of farm markets 79:1-9 501 

2. Regulation of farm marketing 79:10-16 503 

3. Agricultural statistics 79:17-21 504 

4. Licensing of threshermen 79:22-5 506 

5. Licensing of creamery promoters 79:26-8 506 

6. Regulation of farmers' cooperative corporations.... 79:29-30 507 

7. Prevention of price discrimination 79:31-6 507 

8. Prevention of fraud in sacked products 79:37-8 508 

80. Horticultural inspection. 

1. State board of horticultural inspection and its 

officers §§1310-7a 508 

2. Regulations §§1318-28 512 

3. Penal provisions §§1328g-j 517 

81. Forestry tracts 81:1-5 518 

82. Bee inspection. 

1. Bee inspectors §§1329-30d 519 

2. Regulations §§1331-40b 520 

TITLE XIV. REGULATION OF PROFESSIONS. 

83. Practice of medicine and surgery §§1341-56 523 

84. Practice of dentistry §§1357-65 529 

85. Practice of osteopathy H1366-71 531 

86. Practice of optometry §§1372-84 534 

87. Practice of pharmacy. 

1. Registration of pharmacists §§1385-1400 539 

2. Antinarcotic law §§1400g-l 544 



TABLE OF CONTENTS i X 

Chapter. Sections. Page. 

88. Graduate nurses 88:1-11 546 

89. Embalmers 89:1-10 549 

90. Practice of veterinary medicine, surgery and dentistry 90:1-15 552 

91. Public accountants 91:1-5 555 

92. Licensed architects 92:1-21 557 

93. Licensed surveyors SS1401-10 561 

94. Abstracters of title SS1411-16 563 

TITLE XV. PROTECTION AND REGULATION OF LABOR. 

95. Bureau of immigration, labor and statistics SS1417-25 565 

96. Labor commission and arbitration SS1426-42 567 

97. Municipal employment bureaus 97:1-11 572 

98. Private employment bureaus $£1443-5 574 

99. Protection of mechanics SS1446-8 575 

100. Union labor and employment of aliens. 

1. Union labels and trade-marks SS1449-55 576 

2. Employment contracts SS1456-56a 578 

3. Employment of aliens §1457 579 

101. Day's work. 

1. Day's work on public works SS1461-2a 579 

2. Day's work in mines SS1463-5 580 

3. Day's work for women SS1466-8 581 

TITLE XVI. REGULATION OF PARTICULAR INDUSTRIES. 

102. The printing trade H1474-7 582 

103. Inspection of lumber SS1494-1505 583 

104. Peddlers SS1528-33 586 

105. Collection agencies 105:1-8 587 

TITLE XVII. 

106. Public utilities law. 

1. Definitions 106:1-29 589 

2. Public utilities commission 106:30-43 595 

3. Duties of public utilities 106:44-71 598 

4. Regulation of motor busses 106:72-5 610 

5. Reports by public utilities 106:76-81 612 

6. Powers and duties of public utilities commission.. 106:82-109 613 

7. Procedure before commission and in the courts. ...106: 110-48 627 

8. Enforcement of law and penalties 106:149-60 639 

9. Interpretation 106:161-2 642 

TITLE XVIII. REGULATION OF TRADE AND COMMERCE. 

107. Antitrust law 107:1-17 644 

108. Money of account and interest SS1534-40 648 

109. Weights and measures. 

1. State sealer of weights and measures 109:1-7 651 

2. Standards 109:8-26 653 

3. Penalties 109:27-8 656 

110. Unclaimed property SS1546-9 657 

TITLE XIX. MISCELLANEOUS SAFETY REGULATIONS. 

111. Fire escapes on buildings S§1550-3a 658 

112. Hunting on inclosed lands SS1554-54a 659 

113. Explosives SS1555-7 659 

114. Barbed wire 114:1-5 660 

115. Life saving equipment on steamers 115:1-3 661 

TITLE XX. 

116. Prohibition of intoxicating liquor. 

1. Statutory declaration of prohibition 116:1-2 662 

2. Penalties for violation of prohibition law. Regu- 

lations governing pure alcohol and sacramental 

wine 116:3-27 663 

3. Enforcement of prohibition 116:28-40 668 

4. Confiscation of personal property used in liquor 

transportation 116:41-5 673 

5. Liquor advertisements prohibited 116:46 674 



X TABLE OF CONTENTS 

TITLE XXI. CONSERVATION OF FISH AND GAME. 

Chapter. Sections. Page. 

117. Fish and game law. 

1. Fish and game department 117:1-16 675 

2. Duties of officers relating to issuance and sale of 

licenses 117:17-28 678 

3. Licenses to fish and hunt 117:29-41 680 

4. Licenses to sell and ship fish 117:42-56 683 

5. Licenses to sell and ship big game 117:57-63 685 

6. Taxidermists' licenses 117:64-70 686 

7. General provisions restricting possession and use 

of fish and game 117:71-6 688 

8. Fishing regulations 117:77-92 689 

9. Protection of fish : Operation of mills, dams and 

canals 117:93-100 691 

10. Hunting regulations: Protection of birds 117:101-12 693 

11. Hunting regulations: Protection of big game.. ..117: 113-28 695 

12. Closed season by county local option 117:129-31 698 

13. Private parks and ponds 117:132-4 698 

14. Fish culture by federal authorities 117:135-8 699 

15. General penal provisions 117:139-41 700 

16. Enforcement of law 117:142-57 700 

17. Interpretation 117:158 703 

118. Game preserves. 

1. General provisions 118:1-3 703 

2. Preserve on South Fork of Payette River 118:4-7 703 

3. Black Lake Game Preserve 118:8-13 704 

4. Cassia Game Preserve 118:14-17 705 

5. Lewiston Orchards Game Preserve 118:18-20 706 

6. Big Lost River Game Preserve 118:21-6 707 

7. Selway Game Preserve 118:27-32 708 

8. Big Creek Game Preserve 118:33-8 709 

TITLE XXII. THE PUBLIC LANDS. 

119. Organization of state land department §§1558-68 711 

120. Indemnity lieu land selections 120:1-6 715 

121. Appraisement, lease and sale of state lands §§1569-86 717 

122. Sale of timber on state lands. 

1. Sales of timber in general §§1588-98 724 

2. Instalment sales §§1599-1603 727 

123. Investment of funds. 

1. General regulations 123:1-5 728 

2. Bonds of school districts 123:6-10 729 

3. Farm mortgages 123:11-19 730 

4. Loan expense fund 123:20-7 731 

124. Prevention of forest fires §§1604-12a 733 

125. Rights of way over state lands 125:1-4 736 

TITLE XXIII. RECLAMATION OF ARID LANDS. 

126. State engineer. t 

1. Administrative regulations 126:1-11 739 

2. Inspection of dams 126:12-14 741 

3. Dams and booms in Clearwater river 126:15-18 742 

127. Carey act lands. 

1. Acceptance of Carey act §§1613-14 743 

2. Reclamation proposals §§1615-20 743 

3. Construction of reclamation works §§1621-4 746 

4. Entry, settlement and cultivation of land §§1625-9 748 

5. Reclamation lien : Foreclosure §§1629a-k 752 

6. Miscellaneous provisions §§1630-4 754 

128. Regulation of Carey act construction companies acting as 

operating companies 128:1-5 755 

129. Regulation of Carey act operating companies. 

1. Lien of Carey act operatino- companies for main- 

. tenance charges 129:1-10 757 

2. Conformation of Carey act operating companies 

to district system 129:11-12 759 

130. Transfer and lease of Carey act water rights 130:1-10 760 

131. State cooperation with U. S. reclamation service 131:1-6 762 



TABLE OF CONTENTS x i 

TITLE XXIV. 

Chapter. Sections. Page. 

132. State parks 132:1-12 764 

TITLE XXV. REVENUE. 

133. Tax law. 

1. Property subject to taxation, exemptions, defini- 

tions, liens 133:1-13 767 

2. General provisions relating to the assessment of 

property 133:14-33 773 

3. Assessment of real property 133:34-54 778 

4. Equalization of the assessment of real property.... 133:55-85 784 

5. Operating property of public utilities 133:86-96 792 

6. Assessment of car companies 133:96a-j 796 

7. Levy and apportionment of taxes 133:97-106 798 

8. Computation of taxes on real property 133:107-11 802 

9. Payment and collection of taxes on real propertyl33: 112-45 804 

10. Assessment of personal property 133:146-60 815 

11. Assessment of live stock 133:161-71d 821 

12. Assessment of bank stock 133:172-7a 824 

13. Equalization of assessment of personal property.. ..133: 178-86 827 

14. Seizure and sale of personal property for taxes.. ..133: 188-97 830 

15. Settlement of revenue officers 133:198-204 831 

16. Miscellaneous provisions 133:205-12 834 

134. License taxes - §§1828-41 836 

135. License tax of express companies 135:1-6 839 

136. Taxation of profits of mines §§1863-72 840 

137. Transfer tax on successions, legacies and devises '.. §§1873-97 843 

TITLE XXVI. COUNTY LAW. 

138. Counties as bodies corporate §§1898-1903 854 

139. The board of county commissioners. 

1. Constitution, meetings and records §§1904-16 855 

2. Powers and duties §§1917-30 857 

3. Erection of public buildings §§1931-4 865 

4. County public wagon scales §§1934g-k 867 

5. Payment on bounties §§1935-42b 868 

6. Extermination of noxious weeds §§1942g-p 870 

7. County finances and claims against county §§1943-59 872 

8. County bond issues §§1960-72 878 

9. County road bonds: Partly payable by special as- 

sessments §§1972a-k 884 

140. County officers. 

1. General provisions : §§1973-88a 891 

2. Probate judge §§1989-90 894 

3. County treasurer and tax collector §§1991-2012 894 

4. County depositary law §§2013-22 898 

5. Sheriff §§2023-48 903 

6. Clerk of the district court §§2049-51 907 

7. County auditor §§2052-60 908 

8. Recorder §§2061-78 910 

9. Assessor §2079 916 

10. Prosecuting, attorney §§2080-86g 916 

11. County surveyor ....'. §§2087-95 920 

12. Coroner §§2096-102 922 

13. County superintendent of public instruction §2103 923 

14. Justices of the peace §2104 923 

15. Constables §§2105-14 923 

141. Salaries and fees of office. 

1. Salaries of officers §§2115-20 925 

2. Fees - - §§2121-34 928 

142. Other county charges §§2135-6 937 

143. The county poor. 

1. General provisions §§2137-46a 938 

2. Mothers' pensions §§2146d-l 940 

3. Relief of needy blind §§2146q-v 942 



Xll TABLE OF CONTENTS 

TITLE XXVIII. COUNTY DIVISION LAW. 

Chapter. Sections Page 

144. Advisory initiative for county division 144:1-8 944 

145. Transfer of records upon county division 145:1-3 94G 

146. Refunding bonds in new counties 146:1-5 946 

TITLE XXIX. 

147. Town sites §§2147-69 , 948 

TITLE XXX. MUNICIPAL CORPORATIONS. 

148. Cities of the first class. 

1. Organization 148:1-9 955 

2. Officers 148:10-20 957 

3. Police courts 148:21-3 959 

4. Powers 148:24-47 960 

5. Franchises and utilities : 148:48-9 963 

6. Improvements 148:50-4 964 

7. Finances - 148:55-61 965 

149. Cities of the second class. 

1. Organization §§2170-82 967 

2. Officers §§2183-201 971 

3. Police courts §§2202-21 974 

150. Organization of villages §§2222-35 977 

151. Disincorporate of villages 151:1-15 981 

152. General powers of municipal corporations. 

1. Corporate powers 152:1-2 984 

2. Sale of real estate 152:3-10 985 

3. Legislative powers 152:11-56 986 

4. Municipal irrigation systems 152:57-66 997 

5. Regulation of weights and measures 152:67-70 999 

6. Local improvement districts 152:71-100 1000 

153. Municipal elections §§2245-55 1010 

154. Municipal finances - §§2256-72 1013 

155. General provisions governing municipalities and their 

officers : §§2273-80 1018 

156. Changing names of municipalities „... §§2281-6 1020 

157. Consolidation of municipalities §§2287-99 1022 

158. Municipal plats. 

1. Procedure in platting §§2300-5 1024 

2. Vacation of plats §§2306-9 1026 

3. Miscellaneous provisions §§2310-14 1026 

4. Separation of agricultural lands from municipali- 

ties §§2314a-h 1027 

159. Municipal bonds §§2315-22 1029 

160. Sewer construction bonds. 

1. Sewer districts 160:1-4 1036 

2. Special assessments 160:5-21 1038 

3. Issuance of bonds 160:22-31 1043 

4. Miscellaneous provisions 160:32-40 1046 

161. Instalment payment of improvement assessments §§2361-71 1048 

162. Commission form of government. 

1. Organization 162:1-9 1052 

2. Elections 162:10-41 1055 

3. Officers 162:42-62 1064 

4. Initiative and referendum 162:63-79 1069 

5. Recall - 162:80-96 1072 

6. Franchises 162:97-121 1075 

7. Miscellaneous provisions 162:122-7 1080 

163. City manager plan of city government 163:1-14 1081 

TITLE XXXI. IRRIGATION DISTRICTS. 

164. Irrigation district law. 

1. Organization of district §§2372-7c 1085 

2. Election of directors §§2378-84 1090 

3. Powers and duties of the board of directors §§2385-95 1094 

4. Issuance, confirmation and sale of bonds §§2396-406 1099 

5. Secondary bonds to nay interest §§2406a-d 1106 

6. Refunding bonds §§2406g-o 1107 

7. Levy and collection of assessments §§2407-15a 1111 

8. Construction work and acquirement of property.... §§2416-22 1115 



TABLE OF CONTENTS xiii 

Chapter. Sections. Page. 

9. Annexation of lands to district SS2423-33 1118 

10. Exclusion of lands from district §§2434-7 1120 

11. Dissolution and modification of districts §S2437a-h 1121 

12. Consolidation of districts S§2438-o 1123 

13. Miscellaneous provisions §§2440-3 1125 

165. Purchase of state lands by irrigation districts 165:1-7 1125 

166. Cooperation with state under Carey act 166:1-12 1127 

167. Cooperation with federal government. 

1. Public lands in irrigation districts 167:1-2 1131 

2. Contracts under federal reclamation laws 167:3-15 1131 

3. Assessments for construction cost 167:16-18 1135 

4. Maintenance assessments 167:20-7 1136 

TITLE XXXII. 

168. Drainage districts. 

1. Organization 168:1-11 1138 

2. Preliminary proceedings: Plans and specifica- 

tions, assessment of benefits, confirmation by 

district court 168:12-30 1141 

3. Collection of assessments 168:31-4 1147 

4. Construction of works 168:35-45 1148 

5. Warrants and bonds 168:46-56 1153 

6. Maintenance of system 168:57-8 1156 

7. Miscellaneous 168:59 1156 

TITLE XXXIII. 

169. Stumpage districts. 

1. Organization 169:1-9 1157 

2. Preliminary proceedings: Assessment of benefits 169:10-15 1159 

3. Clearing of lands 169:16-18 1161 

4. Warrants and bonds 169:19-27 1162 



Compiled Laws of Idaho. 



AN ACT 

COMPILING, REVISING AND CONSOLIDATING THE GENERAL 
LAWS OF THE STATE OF IDAHO, REPEALING ALL LAWS NOT 
HEREIN CONTAINED OR HEREBY CONTINUED IN FORCE, 
AND DECLARING AN EMERGENCY. 

Be It Enacted by the Legislature of the State of Idaho: 

The following codes, titles, chapters, articles and sections constitute 
the "Compiled Laws," and shall be in force as such : Provided, That noth- 
ing herein contained shall be construed to adopt or make of force as law 
the headlines preceding, or the notes following, any section, or any matter 
inserted by wajr of mere classification, cross reference or annotation. 

CHAPTER 1. 
PRELIMINARY PROVISIONS. 

Note: This is a new chapter written by the code commissioner. The chapter of the Revised 
Codes entitled "General provisions applicable to all the codes" has been made Part V of these 
Compiled Laws entitled "General code provisions," and placed at the end of the codes. 

1:1. Designation. These codes comprise all the statutory laws of 
Idaho of a general nature. They may be collectively cited and referred to 
as "Compiled Laws." 

1 :2. Division into codes. These Compiled Laws are divided into five 
parts as follows: 

Part I — Political code, which treats of the sovereignty of the people 
of the state, political rights and duties, political divisions of the state, the 
state government and government of counties, cities, villages and other 
municipalities. 

Part II — Civil code, which treats of persons and personal relations, 
corporations, contracts, property and property rights, and kindred 
subjects. 

Part III — Code of civil procedure, which treats of the procedure 
and practice in civil actions and proceedings in all courts. 

Part IV — Penal code, which treats of crimes and the punishment 
thereof, criminal procedure, and prisons. 

Part V — General code provisions, which treat of statutory construc- 
tion and repeals. 

Hist. Based upon '17, c. 78, § 2, p. 241. 

1 :3. Subdivision of codes. For convenience of reference these Com- 
piled Laws are divided into titles, chapters, articles, and sections. Titles 
and chapters are numbered consecutively throughout the laws. Articles 
and sections are considered as subdivisions of the chapters. In revised 
chapters the sections are numbered consecutively within the chapter. In 
other chapters the section numbers of the Revised Codes of Idaho of 1908 
are retained until they shall be revised by subsequent legislation. 

Hist. See R. C, §§ 21, 2600, 3800, 6300. 



PART L POLITICAL CODE. 



TITLE I. POLITICAL DIVISIONS. 



CHAPTER 2. 
SEAT OF GOVERNMENT. 

§ 22. Location. The seat of government of this state is at Boise 
City, in the county of Ada. 



Hist. R. C, § 22 ; '64, p. 427, § 1 ; R. S., § 105. 

Comp. leg. — Cal. Same except as to place : Pol. 
C. 1872, § 145 ; Kerr's C, ib. 



Cross ref. Seat of government located at Boise 
City for twenty years, from the admission of the 
state : Const. X, 2. 



CHAPTER 3. 
COUNTIES. 

Note: The chapter was revised and annotated by W. C. Dunbar, Esq., of the Boise bar, 
under the direction of the code commissioner, and has required a great amount of painstaking 
detailed work. County officials throughout the state have kindly checked each description, and 
in many instances have furnished corrected and more accurate descriptions from the field notes 
of local surveys than could be found in the laws. 

An effort has been made to describe the boundaries of the counties in as uniform and clear 
a style as possible without changing the substance of the descriptions found in the statutes. The 
boundaries, with but few exceptions, have been designated as "northern," "southern," "eastern" 
or "western." Unnecessary words and repetitions have been omitted. Additional words have been 
inserted to make the descriptions complete or the meaning clear. Where an obvious error in the 
legal description itself has been found, it has been corrected and a note of the change made in 
the historical statement. Owing to the creation of new counties, descriptions of boundaries 
as running to or along the boundary lines of other counties were, in a number of instances, 
found no longer applicable. In such cases the names of the present counties having the bound- 
aries referred to were substituted for those of the counties formerly having such boundaries. 
In a few such instances a description by metes and bounds was substituted and, whenever this 
was done, it was indicated by proper citation showing where the description thus substituted 
was obtained. 

3:1. State divided into counties. The state is divided into the several 
counties in this chapter named and described. The county seats are lo- 
cated at the cities or villages named after the respective county descrip- 
tions. 



Hist. R. C, § 23, rewritten by commissioner. 

Cross ref. Restrictions on the creation of new 
counties and the division of old counties: Const. 
XVIII, §§ 3, 4. 

Counties not now existing. Legislative acts 
have been passed for the creation of the following 
counties which are not now in existence : 

Alta County. County created and county seat 
located at Hailey, act in effect Mar. 3, 1891, '90- 
'91, p. 120 ; act creating county declared unconsti- 
tutional, People v. George, 3 I. 72, 26 P. 983. 

Alturas County. County created and county seat 
located at Esmeralda, act approved Feb. 4, 
1864, 1 T. Ses. 628 ; boundaries between 
Boise and Alturas counties defined, act approved 
Jan. 12, 1866, 3 T. Ses. 214 ; boundaries between 
Alturas and Oneida counties defined, act approved 
Jan. 8, 1877, 9 T. Ses. 90 ; boundaries between 
Lemhi and Alturas counties defined, act approved 
Feb. 9, 1881, 11 T. Ses. 329 ; boundaries redefined, 
act approved Feb. 7, 1889, 15 T. Ses. 37 ; county 
abolished, act approved Mar. 5, 1895, '95, p. 31. 

Clark County. County created from Kootenai 
county and county seat temporary located 
at Coeur d'Alene, act approved Feb. 28, 1905, 
'05, p. 76 ; act creating county declared unconsti- 
tutional, McDonald v. Doust, 11 I. 14, 81 P. 60. 



Lewis County. County created from Kootenai 
county and county seat temporarily located 
at Sandpoint, act approved Feb. 28, 1905, '05, p. 
76 ; act creating county declared unconstitutional, 
McDonald v. Doust, 11 I. 14. 81 P. 60. Note that 
Lewis county now existing was created from Nez 
Perce county. See C. L. 3:24. 

Lincoln County. County created and county seat 
located at Shoshone, act became a law 
Mar. 3, 1891, *90-'91, p. 120; act creating county 
declared unconstitutional, People v. George, 3 I. 
72, 26 P. 983. Note that Lincoln county now ex- 
isting was created Mar. 18, 1895. See C. L. 3:31. 

Logan County. County created and temporary 
county seat located at Shoshone, act ap- 
proved Feb. 7, 1889. 15 T. Ses. 37 ; county abol- 
ished, act approved Mar. 5, 1895, '95, p. 31. 

Lah-Toh County. County created and county seat 
located at Coeur d'Alene, act approved Dec. 22, 
1864, 2 T. Ses. 432 ; law creating county repealed, 
act approved Jan. 9 1867, 4 T. Ses. 126. 

Selway County. Enabling act for creation of 
county, approved Mar. 14, 1917, '17, c. 127, p. 418; 
creation of county defeated at special election, July 
2, 1917, records in office of recorder of Idaho county. 



COUNTIES 3 :4 

3:2. Definition of descriptive terms. The words, "range," "town- 
ship" and "section" as employed in this chapter refer to the Boise merid- 
ian and base line of the United States survey, except in such cases as the 
word "range" obviously refers to a range of mountains. In the descrip- 
tion of courses the words, "north," "south," "east" and "west" refer to 
true courses. 

Hist. New sectirn by commissioner. 

3 :3. Ada County. Ada county is described as follows : Beginning at 
the confluence of Mores creek with the Boise river at the center of the 
channel of Boise river ; 

Northern boundary. Thence in a straight line north forty-four (44) 
degrees and thirty-eight (38) minutes west until the said line intersects 
the north line of township five (5) north (12 Ter. Ses. 67) ; thence west 
to the northwest corner of township five (5) north, range one (1) west; 

Western boundary. Thence south to the northwest corner of town- 
ship three (3) north, range one (1) west; thence east to the northwest 
corner of section four (4), township three (3) north, range one (1) 
west; thence south to the southeast corner of section thirty-two (32), 
township two (2) north, range one (1) west; thence west to the north- 
west corner of township one (1) north, range one (1) west; thence south 
to the point in the middle of the channel of Snake river, where the line 
between township one (1) south, range one (1) west, and township one 
(1) south, range two (2) west, crosses the said river ('91, p. 155.) ; 

Southern boundary. Thence southeasterly up the center of the chan- 
nel of the said Snake river to a point in the middle of the said channel 
opposite the mouth of Bruneau river ; 

Eastern boundary. Thence extending in a straight line in a north- 
easterly direction to a point in the center of the channel of Boise river 
opposite the mouth of Mores creek ('99, p. 234), the point of beginning. 

County seat — Boise City. 

Hist. County created from Boise county and recorder's office) : Canyon county created, includ- 

county seat located at Boise City by act approved ing portion of Ada county, '90-91. p. 155, act ap- 

Dec. 22, 1864, 2 T. Ses. 430 : boundary established proved Mar. 7, 1891 ; boundary between Elmore 

between Ada and Idaho coxmties, 4 T. Sts. 124, and Ada counties redefined, '95, p. 15, act ap- 

act ip,iroved Jan. 10, 1867; boundary ^tween proved Feb. 9, 1895; boundary betw?^n Elnwe and 

Idaho and Ada counties redefined, 7 T. Ses. 30, Ada counties redefined '99, p. 234, act approved 

act approved Jan. 10, 1873; boundary between Ada Feb. 14, 1899; law defining: boundaries and locat- 

and Boise counties redefined, 12 T. Ses. 67, act ing county seat reenacted, R. C, § 23a. 
approved Jan. 31, 1883 (see field notes in county 

3:4. Adams County. Adams county is described as follows : Begin- 
ning at a point on the boundary line between the states of Idaho and Ore- 
gon, the same being the middle of the center channel of Snake river, 3960 
feet in a southwesterly direction from the mouth of Wildhorse river ; 

Southern boundary. Then in an easterly direction fifteen and one- 
half (15V2) miles to a point one-half mile east of the west quarter cor- 
ner, section six (6), township seventeen (17) north, range two (2) west; 
thence south about twelve (12) miles to the intersection of said line with 
Cow creek ; thence southeast down the center line of Cow creek to its con- 
fluence with the Weiser river; thence south across the Weiser river to a 
point five hundred (500) feet east of the north quarter corner of section 
twenty-nine (29), township fifteen (15) north, range two (2) west; 
thence east about three and three-quarters (3%) miles to a point 1320 
feet east of the northwest corner of section twenty-five (25), said town- 
ship and range; thence south eight and one-half (8V2) miles to a point 
1320 feet east of the west quarter corner of section one (1), township 
thirteen (13) north, range two (2) west; thence in a southeasterly direc- 
tion six and one-half (6V2) miles to a point 1320 feet south and 1320 feet 
east of the west quarter corner of section twenty-four (24), township 
thirteen (13) north, range one (1) west; thence east ('11, c. 31, § 2, pp. 



3:5 POLITICAL DIVISIONS 

67, 68) to the summit dividing the waters of the Payette and Weiser 
rivers; 

Eastern boundary. Thence along said divide in a northerly direction 
to a point on said divide known as Big Rock Flat, where the waters flow 
into the Little Salmon ; thence in a northeasterly direction on a low divide 
separating the waters of the Little Salmon and Payette rivers to a point 
east of the northern point of Little Salmon Meadows ; 

Northern boundary. Thence west to the Little Salmon river; thence 
down the Little Salmon river to a point east of the point where the section 
line between sections six (6) and seven (7), township twenty-two (22) 
north, range one (1) east, intersects said meridian; thence west to the 
middle of the main channel of Snake river (R. C, § 23w), the same being 
the boundary line between the states of Idaho and Oregon ; 

Western boundary. Thence in a southerly direction following said 
boundary line between said states of Idaho and Oregon, to the point of 
beginning ('11, c. 31, § 2, p. 68). 

County seat — Council. 

Hist. County created from Washington county seat located at Council. In southern boundary "in 

(as defined in R. C, 23w) and county seat tem- an easterly direction" substituted for "south and in 

porarily located at Council, '11, c. 31, p. 67, act a southeasterly direction," found in '11, c. 31, p. 

approved Mar. 3, 1911, in effect Mar. 15, 1911 ; at 67, ij 2, lines 7 and 8, to correct obvious error, 
general election Nov. 5, 1912, permanent county 

3 :5. Bannock County. Bannock county is described as follows : Begin- 
ning at the intersection of the township line between townships four (4) 
and five (5) south, with the Snake river; 

Western boundary. Thence down the Snake river southwesterly to 
the mouth of Portneuf river; thence up the Portneuf river to what is 
known as the point of the mountain, about four miles northwest of Poca- 
tello ; thence southerly in a straight line to the top of the range ; thence 
along the crest of the mountains to the point of intersection with the town- 
ship line between townships ten (10) and eleven (11) south, range 
thirty-five (35) east, which is the northwest corner of section four (4), 
township eleven (11) south, range thirty-five (35) east; thence south one 
(1) mile to the northwest corner of section nine (9), township eleven (11) 
south, range thirty-five (35) east; thence east one-fourth (*4) mile; 
thence south one-half (!/>) mile; thence east one-half O/2) mile; thence 
south one-half ( V2 ) mile ; thence east one-quarter ( 1,4 ) mile to the north- 
west corner of section fifteen (15) ; thence south one-half (!/>) mile to 
the quarter corner of sections sixteen (16) and fifteen (15) ; thence east 
one (1) mile to the quarter corner between sections fifteen (15) and 
fourteen (14) ; thence south one-half (V2) mile to the northeast corner of 
section twenty-three (23), township eleven (11) south, range thirty-five 
(35) east; thence following the unbroken crest of the main mountain 
range to the southeast corner of section twenty-four (24), township 
eleven (11) south, range thirty-five (35) east; thence southeasterly along 
the crest of the mountains between Malad and Marsh valleys to a point on 
the Oxford mountain range where the same is intersected by the one- 
sixteenth ( T V) section line eighty (80) rods, more or less, south of the 
township line between townships thirteen (13) and fourteen (14) south; 

Southern boundary. Thence east to the Bear Lake county line ; thence 
northerly and easterly along the line of Bear Lake county to the boundary 
line of the state of Wyoming ; 

Eastern boundary. Thence north to the intersection of township line 
between townships four (4) and five (5) south, with the line of the state 
of Wyoming ; 

Northern boundary. Thence west along said township line between 
townships four (4) and five (5) to the place of beginning. 

County seat — Pocatello. 



COUNTIES 3 : 7 

Hist. County created from Bingham county and Bannock county and thi acting county surveyor 

county seat located at Pocatello by act approved of Oneida county, between Oct 9 S anr 1 Nov ? 

Mar 6, 1893, '93, p. 170; law defining boundaries 1915, and which boundary line so "established was 
and locating county seat reenacted R. C, § 23b ; . adopted by the board of county commissioners of 

provision made that at general election in Novem- Oneida county at their January meeting, 1916 and 

ber, 1918, voters may decide whether certain ter- by the board of county commissioners of Bannock 

ritory shall be detached from Bannock and added county on Apr. 18, 1916. 

to Franklin county, act approved Feb 8, 1917, '17, The description of the point common to Bannock 

c. 96, p. 327 and Franklin counties, being the last few lines of 

The description of the western bound? ry, common the western boundary, is based on a decree of the 

to Bannock and Oneida counties, is tak^n from the district court in an action between the two counties 

description of this boundary line as established by entered at Preston, Idaho, in Sept., 1917. 
a joint survey made by the county surveyor of 

3:6. Bear Lake County. Bear Lake county is described as follows: 
Beginning at the twenty-third (23d) mile post on the boundary line be- 
tween Utah and Idaho ; 

Western boundary. Thence northerly along the summit of the range 
of mountains between Cache. valley and Bear Lake valley to the corner of 
townships nine (9) and ten (10) south, range forty-one (41) east; 

Northern boundary. Thence east twelve (12) miles; thence north to 
the summit of the divide between the waters of Bear river and the waters 
of Blackfoot river; thence easterly along said last named summit to the 
line between Wyoming and Idaho ; 

Eastern boundary. Thence south on said last named line to the south- 
east corner of Idaho; 

Southern boundary. Thence west to the place of beginning. 

County seat — Paris. 

Hist. County created from Oneida county and boundaries and locating county seat reenacted, R. 
county seat located at the town of Paris by act ap- C, § 23c. 
proved Jan. 5, 1875. 8 T. Ses. 720 ; law denning 

3:7. Benewah County. Benewah county is described as follows : Be- 
ginning at the point of intersection of the Idaho-Washington state line 
with the north boundary line of township forty-six (46) north; 

Western boundary. Thence south along said state line to the point of 
intersection of said state line with the north boundary line of the county 
of Latah, as now constituted ; 

Southern boundary. Thence in a southeasterly and easterly direction 
along said north boundary line of the county of Latah to the point of inter- 
section of said north boundary line of Latah county with the west bound- 
ary line of the county of Shoshone, as the same is now constituted ; 

Eastern boundary. Thence along said west boundary line of Shoshone 
county to the point of intersection of said west boundary line of Shoshone 
county with the north boundary line of section twenty-two (22), town- 
ship forty-seven (47) north, range one (1) east; 

Northern boundary. Thence west along the north boundary line of 
sections twenty-two (22), twenty-one (21), twenty (20) and nineteen 
(19), township forty-seven (47) north, range one (1) east, to the point of 
intersection with the Boise meridian; thence along said Boise meridian 
to the northeast corner of section twenty-four (24), township forty-seven 
(47) north, range one (1) west; thence west along the north boundary line 
of sections twenty-four (24), twenty-three (23), twenty-two (22), twen- 
ty-one (21), twenty (20) and nineteen (19), township forty-seven f47) 
north, range one (1) west, to the range line between township forty-seven 
(47) north, range one (1) west, and township forty-seven (47) north, 
range two (2) west; thence along said last mentioned range line to the 
northeast corner of section twenty-four (24), township forty-seven (47) 
north, range two (2) west; thence continuing west along the north boun- 
dary lines of sections twenty-four (24), twenty-three (23), twenty-two 
(22) to the northwest corner of section twenty-two (22), township forty- 
seven (47) north, range two (2) west: thence south along the west line 
of section twenty-two (22), township forty-seven (47) north, range two 
(2) west, to the northwest corner of section twenty-seven (27), township 



8:8 POLITICAL DIVISIONS 

forty-seven (47) north, range two (2) west; thence west along the north 
line of sections twenty-eight (28) and twenty-nine (29), township forty- 
seven (47) north, range two (2) west, to the northwest corner of section 
twenty-nine (29), township forty-seven (47) north, range two (2) west; 
thence south along the west line of sections twenty-nine (29) and thirty- 
two (32), township forty-seven (47) north, range two (2) west, to the 
southwest corner of section thirty-two (32), township forty-seven (47) 
north, range two (2) west; thence west along the township line between 
townships forty-six (46) and forty-seven (47) north, range two (2) west, 
to the intersection of the range line between ranges two (2) and three (3) 
west; thence continuing west along the township line between townships 
forty-six (46) and forty-seven (47) north, range three (3) west, to the 
southwest corner of section thirty -three (33), township forty-seven (47) 
north, range three (3) west; thence north along the west line of section 
thirty-three (33), township forty-seven (47) north, range three (3) west, 
to the northwest corner of section thirty-three (33), township forty-seven 
(47) north, range three (3) west; thence west along the north line of 
sections thirty-two (32) and thirty-one (31), township forty-seven (47) 
north, range three (3) west, to the range line between ranges three (3) 
and four (4) west; thence south along the said range line to the north- 
east corner of section thirty-six (36), township forty-seven (47) north, 
range four (4) west; thence west along the north line of sections thirty- 
six (36) and thirty-five (35), township forty-seven (47) north, range 
four (4) west, to the northwest corner of section thirty-five (35), town- 
ship forty-seven (47) north, range four (4) west; thence south along the 
west line of said section thirty-five (35), township forty-seven (47) north, 
range four (4) west, to the southwest corner of said section thirty-five 
(35), township forty-seven (47) north, range four (4) west; thence west 
along the north line of township forty-six (46) north, ranges four (4), 
five (5), and six (6) west, to the point of beginning. 
County seat — St. Maries. 

Hiet. County created from Kootenai county and 
county seat located at St. Maries by act approved 
Jan. 23, 1915, 15, c. 4, p. 5. 

3:8. Bingham County. Bingham county is described as follows: Be- 
ginning at the northwest corner of section thirty-one (31), township six 
(6) south, range thirty (30) east; 

Southern boundary. Thence east along the section line between sec- 
tions thirty-one (31) and thirty (30), township and range aforesaid, and 
an extension thereof to the point where such extended line intersects with 
the center of the west channel of Snake river ; thence up the center of the 
west channel of Snake river ('13, c. 6, § 2, p. 31 ) y and the center of the 
main channel of Snake river to the intersection of the township line be- 
tween townships four (4) and five (5) south; thence east along the said 
township line between townships four (4) and five (5) south (R. C, 
§ 23d) to the southwest corner of township four (4) south, range forty- 
two (42) east; 

Eastern boundary. Thence north along the range line between ranges 
forty-one (41) and forty-two (42) east to the southeast corner of town- 
ship one (1) south, range forty-one (41) east; 

Northern boundary. Thence west along the township line between 
township one (1) and township two (2) south, to the southwest corner of 
township one (1) south, range forty (40) east; thence north along the 
range line to the base line ; thence west along the base line to the south- 
west corner of township one (1) north, range thirty-eight (38) east; 
thence north along the range line to the northeast corner of section twen- 



COUNTIES 



3:9 



ty-four (24), township one (1) north, range thirty-seven (37) east; 
thence west along section lines to the southwest corner of section fifteen 
(15), township one (1) north, range thirty-seven (37) east; thence north 
along the section line to the northwest corner of said section fifteen (15), 
township one (1) north, range thirty-seven (37) east; thence west, fol- 
lowing the section lines to the range line between ranges thirty-three (33) 
and thirty-four (34) east; thence north to the south line of Jefferson 
county ('11, c. 5, § 2, pp. 8, 9) ; thence west to the point of intersection of 
said south line of Jefferson county with the township line between range 
thirty-one (31) and range thirty-two (32) east; 

Western boundary. Thence south along said township line to the 
southeast corner of township three (3) north, range thirty-one (31) east; 
thence west along the township line to where said line intersects the town- 
ship line between range thirty (30) and range thir-ty-one (31) east; 
thence south along said line to the southeast corner of township two (2) 
north, range thirty (30) east; thence west to the southwest corner of 
township two (2) north, range thirty (30) east; thence south along the 
township line to the southwest corner of township one (1) south, range 
thirty (30) east; thence west ('17, c. 98, § 2, p. 346) to a line running 
south from the Bis: Southern Butte ; thence south to the place of beginning. 

County seat — Blackfoot. 



Hist. County created and county seat located at 
Blackfoot by act approved Jan. 13, 1885, 13 T. 
Ses. 41 ; location of boundary line between Lemhi 
and Bingham counties provided for, 13 T. Ses. 46, 
act approved Feb. 5, 1885 ; supplementary act to 
act creating Bingham county, 13 T. Ses. 51, ap- 
proved Feb. 5, 1885 ; Elmore and Logan counties 
created and boundaries of Bingham and Alturas 
counties denned, 15 T. Ses. 37, act approved Feb. 
7, 1889 ; Fremont county created from, '93, p. 94, 
act approved Mar. 4, 1893 ; Bannock county created 
from, '93, p. 170, act approved Mar. 6, 1893 ; pro- 
vision for voters to determine at next general elec- 



tion whether certain territory of Bingham county 
shall be attached to Fremont county, '03, p. 222, 
act approved Mar. 6, 1903 ; at general election on 
Nov. 8, 1904, annexation to Fremont county ap- 
proved and territory annexed, records in office of 
county recorder ; law defining boundaries and lo- 
cating county seat reenacted, R. C, § 23d ; Bonne- 
ville county created from, '11, c. 5, p. 8, act ap- 
proved Feb. 7, 1911 ; Power county created, includ- 
ing a portion of Bingham county, '13, c. 6, p. 30, 
act approved Jan. 30, 1913; Butte county created, 
including a portion of Bingham county, '17, c. 98, 
p. 344, act approved Feb. 6, 1917. 



3:9. Blaine County. Blaine county is described as follows: Begin- 
ning at the southeast corner of township two (2) south, range seventeen 
(17) east; thence east along the township line between townships two 
(2) and three (3) south, to the intersection of the same with the line be- 
tween ranges twenty-five (25) and twenty-six (26) east; thence south 
along the said range line to the middle of the channel of Snake river; 
thence up the center of the said channel of Snake river (R. C. § 23e) to 
the point of intersection with the range line between ranges twenty-seven 
(27) and twenty-eight (28) east; thence north along and upon said range 
line to the northwest corner of township nine (9) south, range twenty- 
eight (28) east; thence east upon and along the north line of said town- 
ship nine (9) south, to the northeast corner of section four (4), township 
nine (9) south, range twenty-eight (28) east; thence in a northerly direc- 
tion along and upon the section line which when surveyed will be between 
sections thirty-three (33) and thirty-four (34), township eight (8) south, 
range twenty-eight (28) east; and an extension of such line to the point 
where such extended line will intersect with the township line which when 
surveyed will be the township line between townships seven (7) and eight 
(8) south, range twenty-eight (28) east; thence west upon the township 
line to a point which when surveyed will be the southwest corner of town- 
ship seven (7) south, range twenty-eight (28) east; thence north along 
and upon the range line which when surveyed will be the range line be- 
tween ranges twenty-seven (27) and twenty-eight (28) east, to a point 
which when surveyed and established will be the northwest corner of 
township four (4) south, range twenty-eight (28) east; thence east along 



3:10 



POLITICAL DIVISIONS 



and upon the line which when surveyed will be the north line of said town- 
ship four (4) south ('13, c. 6, § 2, pp. 32, 33), to a point directly south of 
the Big Southern Butte (R. C, § 23e) ; thence north to the point of inter- 
section of the line so drawn with the boundary line of Butte county; 
thence west to what will be, when surveyed, the southwest corner of town- 
ship one (1) south, range twenty-seven (27) east; thence north to what 
will be, when surveyed, the southwest corner of township one (1) north, 
range twenty-seven (27) east; thence west to the southeast corner of sec- 
tion thirty-one (31) in township one (1) north, range twenty-four (24) 
east; thence north to the summit of the range of mountains dividing the 
headwaters of Fish creek, Cottonwood creek and Copper creek from the 
waters of Lava creek, Champagne creek and Antelope creek ; thence north- 
westerly along the summit of said range of mountains to the southern 
boundary line of Custer county ('17, c. 98, § 2, p. 346) ; along and upon the 
summit of the range of mountains dividing the headwaters of the East 
Fork of the Salmon river from the waters of the Little or Big Wood river 
and continuing westerly on the said divide between the East Fork of the 
Salmon and Wood rivers to the main Salmon river ; thence along the said 
Salmon river to the mouth of Fall creek, a stream entering the Salmon 
river at a point about fifteen miles northerly from Sawtooth city; thence 
up the said Fall creek to Pettit lake in a right line to the right of a creek 
entering the said lake at the west end thereof; thence up the said last 
mentioned creek to the summit of the Sawtooth mountains (15 Ter. Ses. 
26) ; thence following the summit of the said mountains to where the 
trail crosses the summit of what is known as Mattingly creek divide (R. 
C, § 23e) on the boundary line of Camas county; thence southeasterly 
along the boundary line of Camas county to the place of beginning. 

County seat — Hailey. 



Mist. County created from the counties of Al- 
turas and Logan, which counties were by same act 
abolished, and county seat located at the town of 
Hailey, by act approved Mar. 5, 1895, '95, p. 31 ; 
see act creating Custer county, 15 T. Ses. 26, ap- 
proved Feb. 4, 1889, and act creating Elmore and 
Logan counties, and defining boundaries of Bing- 
ham and Alturas counties, 15 T. Ses. 37, act ap- 
proved Feb. 7, 1889 ; provision for voters to deter- 
mine at next general election whether certain ter- 
ritory of Blaine county should be annexed to Cus- 
ter county, '95, p. 140, act approved Mar. 9, 1895 ; 
at general election, Nov. 2, 1896, this question as 
to annexation was for some reason not voted upon ; 
Lincoln county created, including a portion of, '98, 
p. 170, act approved Mar. 18, 1895 ; boundaries of 



Lemhi county defined, '99, p. Ill, act ap- 
proved Feb. 6, 1899 ; provision for voters to 
determine at next general election whether 
certain territory of Blaine county shall be annexed 
to Custer county, '99, p. 271, act approved Feb. 14, 
1899 ; at general election, held Nov. 6, 1900, an- 
nexation to Custer county was not approved, rec- 
ords in office of county recorder of Custer county ; 
law defining boundaries and locating county seat 
reenacted, R. C, § 23e ; Power county created, in- 
cluding a portion of, '13, c. 6, p. 30, act approved 
Jan. 30, 1913; Camas county created from, act ap- 
proved Feb. 6, 1917, '17, c. 97, p. 329; Butte county 
created, including a portion of, act approved Feb. 
6, 1917, '17, c. 98, p. 344. 



3:10. Boise County. Boise county is described as follows: Beginning 
at the confluence of Mores creek with the Boise river, at the center of the 
channel of Boise river ; 

Western boundary. Thence north forty -four (44) degrees and thirty- 
eight (38) minutes west (R. C, § 23f), to the southeast corner of township 
six (6) north, range one (1) east; thence north twenty-four (24) miles 
to the northeast corner of township nine (9) north, range one (1) east; 

Northern boundary. Thence east ('15, c. 165, § 2, p. 363) along the 
second (2d) standard parallel north, to the center of the North Fork of 
Payette river; thence northerly along the river to the intersection with 
the line between townships ten (10) and eleven (11) north; thence east 
to the ridge dividing the waters of the Salmon and Payette rivers ('17, 
c. 99, § 2, p. 361) ; thence in an easterly direction along the divide which 
separates the waters of the Payette river and its tributaries from the 
waters of Salmon river and its tributaries (Special and Local Laws, 120), 
to the head of the Middle Fork of Salmon river ; 



counties 3:11 

Eastern boundary. Thence southerly along the divide which separates 
the water flowing into the South Payette river and Bear Valley creek from 
that flowing into the main Salmon river and Cape Horn creek to the sum- 
mit of the Sawtooth mountains ; thence southerly along the summit of the 
Sawtooth mountains (15 Ter. Ses. 26) to the headwaters of the North 
Fork of Boise river ; 

Southern boundary. Thence down the center of the channel of the 
North Fork of Boise river and the main Boise river to the place of be<nn- 
ning (3 T. Ses. 214). 

County seat — Idaho City. 

Hist. County created by act approved Feb. 4, 31, 1883 (field notes in county recorder's office) ; 
1864, 1 T. Ses. 628 ; boundary between Boise and boundary of Washington county redefined, '05, p. 
Alturas counties redefined, 3 T. Ses. 214, act ap- 303, approved Feb. 27, 1905 ; law defining bound- 
proved Jan. 12, 1866 ; boundary between Boise, Ada aries and locating county seat reenacted, R. C, 
and Idaho counties redefined, 4 T. Ses. 124, act ap- 5j 23f ; Gem county created, including a portion of 
proved Jan. 10, 1867 ; boundary between Idaho and Boise county, '15, c. 165, p. 362 ; Valley county 
Boise counties redefined, 7 T. Ses. 64, act approved created, including a portion of Boise county, '17, c. 
Jan. 10, 1873 ; boundary between Ada and Boise 99, p. 360. 
counties redefined, 12 T. Ses. 67, act approved Jan. 

3:11. Bonner County. Bonner county is described as follows: Begin- 
ning at a point where the township line between townships fifty-three 

(53) and fifty-four (54) north intersects the boundary line between the 
state of Idaho and the state of Washington; 

Southern boundary. Thence east on said township line between town- 
ships fifty-three (53) and fifty-four (54) north, to the northeast corner 
of township fifty-three (53) north, range three (3) west; thence north 
on the range line between sections thirty-six (36) and thirty-one (31), 
to the northeast corner of section thirty-six (36), township fifty-four 

(54) north, range three (3) west; thence east six (6) miles to the north- 
east corner of section thirty-six (36), township fifty-four (54) north, 
range two (2) west; thence south along the range line between ranges 
one (1) and two (2) west, to the southwest corner of township fifty-three 
(53) north, range one (1) west; thence east on the township line between 
townships fifty-two (52) and fifty-three (53) north, to the present county 
line between Kootenai and Shoshone counties; thence north along the 
west boundary line of Shoshone county to the northwest corner thereof; 
thence in an easterly direction along the summit of the Coeur d'Alene 
range of mountains to the west line of the state of Montana ; 

Eastern boundary. Thence north along the boundary line between the 
state of Idaho and the state of Montana (R. C, § 23g) to a point where 
the south line of township sixty (60) north of range three (3) east inter- 
sects the boundary line between the state of Idaho and the state of Mon- 
tana; 

Northern boundary. Thence west along said south line of township 
sixty (60) through ranges three (3), two (2), and ore (1) east, and 
ranges one (1), two (2), and three (3) west, to the southwest corner of 
township sixty (60) north, range three (3) west; thence north along the 
range line between ranges three (3) and four (4) west, to the point where 
the north line of township sixty-three (63) north, intersects the range 
line between ranges three (3) and four (4) west; thence west along the 
said north line of townships sixty -three (63) north, ranges four (4) and 
five (5) west, to a point on the state line between the states of Idaho and 
Washington where the same is intersected by the said north line of town- 
ship sixty-three (63) north, range five (5) west ('15, c. 7, § 2, p. 21) ; 

Western boundary. Thence south along the boundary line between the 
state of Idaho and the state of Washington to the place of beginning (R. 
C, §23g). 

County seat — Sandpoint. 



3:12 POLITICAL DIVISIONS 

Hist. County created from Kootenai county and ary county created from, act approved Jan. 23, 
temporary county seat located at Sandpoint, act ap- 1915, '15, c. 7, p. 21. "Southwest corner of town- 
proved Feb. 21, 1907, in effect Mar. 18, 1907, '07, ship fifty-three (53) north, range one (1) west" 
p. 47 ; at general election, Nov. 3, 1908, pern anent substituted for "northeast corner of township 52 
county seat located at Sandpoint, records in office north, range 2 west, B. M.," found in R. C, § 23g, 
of county recorder; law defining boundaries and lo- lines 11 and 12, to correct obvious error, 
eating county seat reenacted, R. C, § 23g ; Bound- 

3:12. Bonneville County. Bonneville county is described as follows : 
Beginning at the northeast corner of Bannock county ; 

Southern boundary. Thence west along the north line of Bannock 
county to the southwest corner of township four (4) south, range forty- 
two (42) east; thence north along the range line between ranges forty- 
one (41) and forty -two (42) east, to the southeast corner of township 
one (1) south, range forty-one (41) east; thence west along the town- 
ship line between township one (1) and township two (2) south, to the 
southwest corner of township one (1) south, range forty (40) east: thence 
north along the range line to the base line ; thence west along the base line 
to the southwest corner of township one (1) north, range thirty-eight 
(38) east; thence north along the range line to the northeast corner of 
section twenty-four (24), township one (1) north, range thirty-seven 
(37) east; thence west along section lines to the southwest corner of sec- 
tion fifteen (15), township one (1) north, range thirty-seven (37) east; 
thence north along the section line to the northwest corner of said sec- 
tion fifteen (15), township one (1) north, range thirty-seven (37) east; 
thence west, following the section lines to the range line between ranges 
thirty-three (33) and thirty-four (34) east; 

Western boundary. Thence north ('11, c. 5, § 2, pp. 8, 9) to the line 
between townships three (3) and four (4) north; 

Northern boundary. Thence east along the said township line between 
townships three (3) and four (4) north ('93, p. 94), to a point where the 
said line bisects the top or comb of the Big Hole mountain range; thence 
following along the top or comb of the said mountains in a southeasterly 
direction (R. C. § 231) to the west line of the state of Wyoming; 

Eastern boundary. Thence south along the west line of the state of 
Wyoming to the point of beginning ('11, c. 5, § 2, p. 9). 

County seat — Idaho Falls. 

Hist. County created from Bingham county and 
county seat located at Idaho Falls, '11, c. 5, p. 8, 
act approved Feb. 7, 1911. 

3:13. Boundary County. Boundary county is described as follows: 
Beginning at a point on the state line between the states of Idaho and 
Washington where the same is intersected by the north line of township 
sixty -three (63) north, range five (5) west; 

Southern boundary. Thence east along the said north line of town- 
ships sixty-three (63) north, ranges five (5) and four (4) west, to the 
range line between ranges three (3) and four (4) west; thence south 
along said range line to the southwest corner of township sixty (60) 
north, range three (3) west; thence east along said south line of town- 
ship sixty (60) through ranges three (3), two (2) and one (1) west, and 
ranges one (1), two (2) and three (3) east, to the state line between the 
states of Idaho and Montana; 

Eastern boundary. Thence north along said state line to the interna- 
tional boundary line between the United States and the Dominion of 
Canada ; 

Northern boundary. Thence west along said international boundary 
to its junction with the state line between the states of Idaho and Wash- 
ington ; 

10 



counties 3:15 

Western boundary. Thence south along said state line to the point of 
beginning. 

County seat — Bonners Ferry. 

Hist. County created from Bonner county and 
county seat located at Bonners Ferry by act ap- 
proved Jan. 23, 1915, '15, c. 7, p. 21. 

3:14. Butte County. Butte county is described as follows: Begin- 
ning at the point which, when surveyed, will be the southeast corner of 
section thirty-one (31), township one (1) north, range twenty-four (24) 
east; 

Western boundary. Thence north to the summit of the range of 
mountains dividing the headwaters of Fish creek, Cottonwood creek and 
Copper creek from the waters of Lava creek, Champagne creek and Ante- 
lope creek ; thence northwesterly along the summit of said range of moun- 
tains to the present boundary line between Blaine and Custer counties; 
thence in a northerly direction along and upon the boundary line of 
Custer county to the point of intersection with the southern boundary 
line of Lemhi county ; 

Northern boundary. Thence east along the southern boundary line 
of Lemhi county to a point on the township line between townships ten 
(10) and eleven (11) north, directly north of the Big Southern Butte; 
thence south along the western boundary line of Fremont county to the 
point of intersection with the southern boundary line of Fremont county; 
thence east along the southern boundary line of Fremont county to a 
point where said line intersects the township line between range thirty- 
one (31) and range thirty-two (32) east; 

Eastern boundary. Thence south along said township line to the 
southeast corner of township three (3) north, range thirty-one (31) 
east; 

Southern boundary. Thence west along the township line to where 
said line intersects the township line between range thirty (30) and range 
thirty-one (31) east; thence south along said line to the southeast corner 
of township two (2) north, range thirty (30) east; thence west to the 
southwest corner of township two (2) north, range thirty (30) east; 
thence south along the township line to the southwest corner of township 
one (1) south, range thirty (30) east; thence west to what will be, when 
surveyed, the southwest corner of township one (1) south, range twenty- 
seven (27) east; thence north to what will be, when surveyed, the south- 
west corner of township one (1) north, range twenty-seven (27) east; 
thence west to the southeast corner of section thirty-one (31), township 
one (1) north, range twenty-four (24) east, which is the place of begin- 
ning. 

County seat — Arco. 

Hist. County created from parts of Blaine, Jef- seat to be decided upon at general election in 1918, 
ferson and Bingham counties and temporary county "17, c. 98, p. 344, act approved Feb. 6, 1917. 
seat located at Arco, location of permanent county 

3:15. Camas County. Camas county is described as follows: Be- 
ginning at the southwest corner of township two (2) south, range twelve 
(12) east; 

Southern boundary. Thence due east along the township line between 
townships two (2) and three (3) south, to the southeast corner of town- 
ship two (2) south, range seventeen (17) east; 

Eastern boundary. Thence north along the township line between 
ranges seventeen (17) and eighteen (18) east, to the southeast corner of 
section twelve (12), township two (2) south, range seventeen (17) east; 
thence west one (1) mile, to the southwest corner of section twelve (12), 

ii 



3:16 POLITICAL DIVISIONS 

township two (2) south, range seventeen (17) east; thence north along 
the section line to the intersection of said line and the center of the chan- 
nel of Big Wood river; thence westerly along said Big Wood river to the 
junction of Big Wood river and Malad river (or Camas creek) ; thence 
westerly along the center of the channel of Malad river (or Camas creek) 
to the intersection of said river and the section line between sections four- 
teen (14) and fifteen (15), township one (1) south, range sixteen (16) 
east; thence north along said section line to the township line between 
township one (1) south, range sixteen (16) east, and township one (1) 
north, range sixteen (16) east; thence east along said township line to the 
southeast corner of section thirty-four (34), township one (1) north, 
range sixteen (16) east; thence north along the section line two (2) 
miles to the northeast corner of section twenty-seven (27), township 
one (1) north, range sixteen (16) east; thence west along the section 
line one (1) mile to the northwest corner of section twenty-seven (27), 
township one (1) north, range sixteen (16) east; thence northerly along 
the section line to the main divide between Beaver creek on the west and 
Camp creek on the east ; continuing thence northerly along the summit of 
the said mountain range or watershed between Beaver creek and Camp 
creek to its junction with the summit of the mountain range or watershed 
dividing Willow creek and its tributaries on the west and Big Wood river 
and its tributaries on the east; thence continuing northerly and westerly 
along the said last mentioned summit across Buttercup mountain to a 
point which is approximately five (5) miles northwest of Buttercup 
mountain and two (2) miles south of U. S. G. S. bench mark elevation 
7281, on Warm Spring creek, which point is marked "Elevation 8588" 
on U. S. G. S. topographical map of Idaho Sawtooth quadrangle, edition 
of January, 1900, reprinted February ; 1909; thence continuing along the 
summit about north thirty-five (35) degrees west to a point designated on 
said map of said quadrangle as "Elevation 8492;" thence westerly along 
said summit to a point marked "Elevation 9310" on said map ; thence north- 
erly along the summit of the Smoky mountains forming the summit of 
the watershed dividing the Boise river and its tributaries on the west, 
the Big Wood river and its tributaries on the east to its intersection with 
the summit of the Sawtooth mountains at a point marked "Elevation 
10,000" on said map, where the said summit of the Sawtooth mountains 
forms a watershed dividing the Boise river and its tributaries on the 
west and south, the Salmon river and its tributaries on the west and 
north, and Big Wood river and its tributaries on the east ; 

Northern boundary. Thence westerly along the summit of the Saw- 
tooth mountains, where it forms a watershed between the Boise river 
and its tributaries on the south, and the Salmon river and its tributaries 
on the north to its intersection with the eastern boundary of Elmore 
county at a point where the trail crosses the summit of what is known 
as Mattingly creek divide; 

Western boundary. Thence southwesterly along the said divide to a 
point as far east as the range line between ranges eleven (11) and twelve 
(12) east, thence south to the township line between townships two (2) 
and three (3) south, the point of beginning. 

County seat — Fairfield. 

Hist. County created from Blaine county and 
county seat located at Fairfeld by act approved 
Feb. 6, 1917, '17, c. 97, p. 329. 

3:16. Canyon County. Canyon county is described as follows: Be- 
ginning at a point in the middle of the channel of Snake river, where the 

12 



COUNTIES 3:17 

line between township one (1) south, range one (1) west, and township 
one (1) south, range two (2) west, crosses the said river; 

Eastern boundary. Thence north to the northwest corner of township 
one (1) north, range one (1) west; thence east to the southeast corner 
of section thirty-two (32), township two (2) north, range one (1) west; 
thence north to the northwest corner of section four (4), township three 
(3) north, range one (1) west; thence west to the northwest corner of 
township three (3) north, range one (1) west; thence north to the north- 
west corner of township five (5) north, range one (1) west (R. C, 
§ 23h) ; 

Northern boundary. Thence west on the township line between town- 
ships five (5) and six (6), to the southwest corner of section thirty-one 
(31), township six (6) north, range three (3) west ('15, c. 165, § 2, p. 
363; '17, c. 11, § 2, p. 15) ; thence south on range line between ranges 
three (3) and four (4), one-half (%) mile to the east quarter corner of 
section one (1), township five (5) north, range four (4) west; thence 
west along the center line of sections one (1) and two (2), said township 
and range, two (2) miles to the east quarter corner of section three (3), 
said township and range; thence south along the section line one-half 
(!/2) mile to the southeast corner of section three (3), said township and 
range; thence west along the section line three (3) miles to the southwest 
corner of section five (5), said township and range; thence north along 
the section line one (1) mile to the northwest corner of section five (5), 
said township and range; thence west along the township line between 
townships five (5) and six (6) north, two (2) miles to the southwest cor- 
ner of section thirty-six (36), township six (6) north, range five (5) 
west; thence north along the section line one (1) mile to the northwest 
corner of section thirty-six (36), said township and range; thence west 
along the section line one (1) mile to the southwest corner of section 
twenty-six (26), said township and range; thence north along the section 
line one (1) mile to the southwest corner of section twenty-three (23), 
said township and range; thence west along the section line two (2) miles 
to the southwest corner of section twenty-one (21), said township and 
range; thence north along the section line three (3) miles to the north- 
west corner of section nine (9), said township and range; thence west 
along the section line one and one-half (1%) miles, more or less, to an 
intersection with the west line of the state of Idaho ('17, c. 11, § 2, p. 15). 

Western boundary. Thence up the middle of the channel of Snake 
river to the boundary line between Idaho and Oregon ; thence south along 
the boundary line between Idaho and Oregon to the middle of Snake river ; 

Southern boundary. Thence up the middle of the channel of Snake 
river to the place of beginning (R. C, § 23h). 

County seat — Caldwell. 

Hist. County created and county seat temporal"- locating county seat reenacted, R. C, S 23h , G 

ily located at Caldwell, '90-'91, p. 155, act approved county created, including a portion of Canyon 

Mar. 7, 1891 ; at general election in 1894, perma- county (enabling act), act approved Mar. 19, 1915, 

nent county seat located at Caldwell; see act de- '15, c. 165, p. 362; creation of county approved by 

fining boundary between Ada and Boise counties, 12 voters at special election, May 11, 1915; Payette 

T. Ses. 67, approved Jan. 31, 1883; boundary of county created from (enabling act), '17, c. 11. p 

Washington county redefined, '05, p. 303, act ap- 13 ; creation of county approved by voters at spe- 

proved Feb. 27, 1905; law denning boundaries and cial election, May 11, 1917. 

3:17. Cassia County. Cassia county is described as follows: Be- 
ginning with the intersection of the middle of the channel of Snake 
river with the north and south center line of section twenty-eight (28), 
township ten (10) south, range twenty-one (21) east; 

Western boundary. Thence south on the said center line of said sec- 
tion twenty-eight (28), to the point of intersection of the north line of 
the right of way of the Minidoka & Southwestern Railroad company, 

13 



3:18 POLITICAL DIVISIONS 

which point is one hundred (100) feet distant at right angles from the 
center of the main track of the line of road of said railroad company as 
the same is now located ; thence in a southwesterly direction along the 
north line of said railroad right of way to a point where said line inter- 
sects the south line of the canal right of way of the Twin Falls Land & 
Water company, which point of intersection is one hundred (100) feet 
distant at right angles from the center line of the main canal of the said 
Twin Falls Land & Water company; thence south to the south line of 
section thirty-six (36), township ten (10) south, range twenty (20) 
east; thence west to the southwest corner of said section thirty-six (36) ; 
thence south on the section lines to the south line of township eleven (11) 
south; thence west to the southeast corner of township eleven (11) 
south, range eighteen (18) east; thence south on the range lines to the 
south line of the state of Idaho ('07, p. 40) ; 

Southern boundary. Thence east along the south boundary line of the 
state of Idaho to the intersection of the same with the one hundred thir- 
teenth (113th) meridian west from Greenwich; 

Eastern boundary. Thence north along the said meridian to the inter- 
section of the same with the (R. C, § 23i) southern line of township 
twelve (12) south; thence west upon and along the southern line of said 
township twelve (12), to the southwest corner of township twelve (12) 
south, range thirty (30) east; thence north upon the range line between 
ranges twenty-nine (29) and thirty (30) east, to the southwest corner of 
township nine (9) south, range thirty (30) east; 

Northern boundary. Thence west along and upon the south line of 
township nine (9) south, to the southwest corner of section thirty-four 
(34), township nine (9) south, range twenty-eight (28) east; thence 
north upon and along the line between sections thirty-three (33) and 
thirty-four (34), township nine (9) south, range twenty-eight (28) 
east, and an extension thereof to the point where said line so extended 
intersects the center of the main channel of Snake river ('13, c. 6, § 2, 
p. 32) ; thence down the said river in a southwesterly direction to the 
point of beginning (R. C, § 23i). 

County seat — Albion. 

Hist. County created from Owyhee county and county created from, '97, p. 40, act approved Feb. 

county commissioners authorized to select tempo- 21, 1907 ; law denning boundaries and locating 

rary county seat, act approved Feb. 20, 1879, 10 county seat reenacted, R. C, § 23i ; Power county 

T. Ses. 43 ; section denning boundaries amended, in created, including a portion of, '13, c. 6, p. 30 
effect Feb. 9, 1881, 11 T. Ses. 339 ; Twin Falls 

3:18. Clearwater County. Clearwater county is described as fol- 
lows: Beginning at the mouth of Lolo creek; 

Southern boundary. Thence in a northeasterly direction up the mid- 
dle of the channel to the head of said Lolo creek ; thence northeasterly in 
a direct line to a point where the Montana-Idaho state line intersects the 
Lolo pass at the summit of the Bitter Root mountains ; 

Eastern boundary. Thence in a northwesterly direction along said 
Montana-Idaho state line to the intersection of the same with the northern 
boundary of township forty-one (41) north; 

Northern boundary. Thence west along said northern boundary line 
to a point directly north of the mouth of the North Fork of Clearwater 
river ; 

Western boundary. Thence south to a point of intersection with the 
middle line of township thirty-eight (38) north; thence west along said 
middle line of township thirty-eight (38) north, to the northwest corner 
of section twenty-two (22), township thirty-eight (38) north, range one 
(1) west; thence south to the north boundary line of the Nez Perce In- 
dian reservation; thence easterly along said reservation line to the inter- 

14 



counties 3:19 

section of the same with the line running south between sections fifteen 
(15) and sixteen (16), township thirty-seven (37) north, range one (1) 
west; thence south on the said line between sections fifteen (15) and six- 
teen (16) to the middle of the channel of Clearwater river; thence up the 
middle of the channel of said Clearwater river to a point where the same 
is intersected by the section line between sections five (5) and six (6), 
township thirty-six (36) north, range one (1) east; thence south on the 
section line between said sections five (5) and six (6) to the middle of 
the channel of Little Canyon creek ; thence up the middle of the channel 
of Little Canyon creek to a point where the same intersects the seventh 
(7th) standard parallel north; thence east along said parallel to the mid- 
dle of the channel of Clearwater river ; thence up the middle of the chan- 
nel of said Clearwater river to the point of beginning. 
County seat — Orofino. 

Hist. County created from Nez Perce county and county, approved Mar. 21, 1901, '01, p. 209. de- 
county seat located at Orofino, act approved Feb. clared void, Holmsberg v. Jones 7 I 75? 65 P 
27, 1911, '11, c. 24, p. 49; first act creating 563. 

3:19. Custer County. Custer county is described as follows: Be- 
ginning at the confluence of the Pahsimeroi river with the Salmon river, 
thence up the Pahsimeroi river to the mouth of the Big creek ; thence up 
Big creek, and on the line from the head thereof, with the general course 
of said creek to the summit of the divide between the waters of the Pah- 
simeroi and Lemhi rivers; thence southeasterly on the summit of said 
divide to a point west from the headwaters of said Little Lost river; 
thence east to the headwaters of said Little Lost river; thence down Lit- 
tle Lost river to a point where the trail leading to Pass creek crosses 
Little Lost river ; thence in a direct line to the head of Pass creek ; thence 
down said Pass creek to Big Lost river ; thence along Big Lost river to the 
mouth of Antelope creek; thence up Antelope creek to the divide which 
separates its waters from those of Little Wood river; thence westerly 
along and upon the summit of the range of mountains dividing the head- 
waters of the East Fork of Salmon river from the waters of the Little 
or Big Wood river, and continuing westerly on said divide between the 
East Fork of Salmon and Wood rivers to the main Salmon river; thence 
along said Salmon river to the mouth of Fall creek, a stream entering 
the Salmon river at a point about fifteen (15) miles northerly from Saw- 
tooth city; thence up said Fall creek to Pettit lake, in a right line to the 
right of a creek entering said lake at the west end thereof ; thence up said 
last mentioned creek to the summit of the Sawtooth mountains; thence 
northerly along the summit of the Sawtooth mountains to the divide 
which separates the waters flowing into the South Payette river and Bear 
Valley creek from those flowing into the main Salmon river and Cape 
Horn creek; thence along said divide to the Middle Fork of the Salmon 
river; thence down the Middle Fork of the Salmon river to the mouth of 
Loon creek ; thence up Loon creek to the mouth of Warm Spring creek ; 
thence up Warm Spring creek and to the divide which separates the wat- 
ers of Yankee Fork on the south and Loon and Deep creeks on the north, 
and following said divide in an easterly direction around the head of 
Panther creek, to the divide between Hat creek and Ellis creek ; thence on 
the divide between Hat and Ellis creeks in an easterly direction to the 
Salmon river; thence up the main channel of said Salmon river, to the 
place of beginning. 

County seat — Challis. 

Hist. County created from counties of Lemhi, Feb. 4, 1889, 16 T. Ses. 26; boundaries redefined 

Alturas and others, act approved Jan. 8, 1881, 11 and electors residing in portion of Blaine county 

T. Ses. 340; at special election, June 20, 1881, authorized to determine, at next genera! election, 

county seat ' located at Challis, records in office of whether said territory should be cut off from Blaine 

county recorder; boundaries redefined, act approved county and annexed to Custer county, act approved 

15 



3:20 POLITICAL DIVISIONS 

Mar. 9, 1895, '95, p. 140; at general election, Nov. and annexed to Custer county, act approved Feb. 
2, 1896, this question as to annexation was for some 14, 1899, '99, p. 271 ; at general election, Nov. 6, 
reason not voted upon ; boundaries redefined and 1900, annexation to Custer county was nqt ap- 
electors residing in portion of Blaine county author- proved, records in office of county recorder ; law 
ized to determine, at next general election, whether defining boundaries and locating county seat re- 
said territory should be cut off from Blaine county enacted, R. C, § 23j. 

3 :20. Elmore County. Elmore county is described as follows : Be- 
ginning at a point on the top of the Sawtooth range of mountains, where 
the counties of Blaine, Boise, Custer and Elmore unite; 

Eastern boundary. Thence in a southerly direction along the summit 
of the Sawtooth mountains to a point where the trail crosses the summit 
of what is known as the Mattingly creek divide; thence in a southerly 
direction along the main divide between the Middle Fork and the South 
Fork of the Boise river to a point on the divide between Willow creek and 
Bear creek; thence in a southerly direction on the main divide between 
Willow creek and Skeleton creek to the center of the channel of the South 
Fork of the Boise river ; thence down the channel of said river to the point 
of intersection with the range line between ranges eleven (11) and 
twelve (12) east, approximately in township three (3) north; thence 
south on the range line between ranges eleven (11) and twelve (12) 
east, to Snake river; 

Southern boundary. Thence down the middle of the channel of Snake 
river to a point opposite the mouth of Bruneau river (15 Ter. Ses. 38; '95, 
P. 31); 

Western boundary. Thence in a straight line in a northeasterly direc- 
tion to a point in the center of the channel of Boise river opposite the 
mouth of Mores creek ('95, p. 15; reenacted '99, p. 234) ; 

Northern boundary. Thence upon and along the boundary line of the 
county of Boise to the place of beginning. 

County seat — Mountain Home. 

Hist. County created and temporary county seat proved Feb. 9, 1895, '95, p. 15 ; reenacted, Feb. 14, 

located at Rocky Bar, act approved Feb. 7, 1889, 1899, '99, p. 234; law defining boundaries and lo- 

15 T. Ses. 37 ; at an election, Oct. 1, 1890, perma- eating county seat reenacted, R. C, § 23k ; bound- 

nent county seat located at Mountain Home, rec- aries redefined, act approved Mar. 3, 1911, '11, c. 

ords in office of county recorder ; boundaries be- 148, p. 453. 
tween Ada and Elmore counties defined, act ap- 

3:21. Franklin County. Franklin county is described as follows: 
Beginning at a point on the boundary line between the states of Utah and 
Idaho, where the same is intersected by the section line between sections 
twenty-six (26) and twenty-seven (27), township sixteen (16) south, 
range thirty-seven (37). east; 

Western boundary. Thence in a northerly direction along the section 
line as now surveyed to the southeast corner of section twenty-seven (27), 
township fourteen (14) south, range thirty-seven (37) east; thence east- 
erly along section line as now surveyed, to the southeast corner of section 
twenty-six (26), township fourteen (14) south, range thirty-seven (37) 
east; thence continuing easterly along said line to a point which, when 
surveyed, will be the southeast corner of section twenty-five (25), town- 
ship fourteen (14) south, range thirty-seven (37) east; thence northerly 
along the western boundary of township fourteen (14) south, range thirty- 
eight (38) east, as now surveyed, to its intersection with the one-sixteenth 
(^,) section line eighty (80) rods, more or less, south of the township 
line between townships thirteen (13) and fourteen (14) south; 

Northern boundary. Thence east to the western boundary line of 
Bear Lake county; 

Eastern boundary. Thence in a southerly direction along the western 
boundary of Bear Lake county to its intersection with the boundary be- 
tween the states of Idaho and Utah ; 

16 

Pol-l 



COUNTIES 3 : 22 

Southern boundary. Thence westerly along the said boundary line 
to the point of beginning. 
County seat — Preston. 

Hist. County created from Oneida county and from Bannock county and added to Franklin 

temporary county seat located at Preston, act ap- county, act approved Feb. S, 1917, '17, c. 96, p. 327. 

proved Jan. 30, 1913, '13, c. 5, p. 22; at general The description of the point common to Franklin 

election. Nov. 3, 1914, permanent county seat lo- and Bannock counties, being the last few lines of 

cated at Preston, records in office of county record- the western boundary, is based on a decree of the 

er ; electors residing in certain territory authorized district court in an action between the two counties 

to decide at general election to be held in Novem- entered at Preston, Idaho, in Sept., 1917 
ber, 1918, whether said territory should be detached 

3:22. Fremont County. Fremont county is described as follows: 
Beginning at a point where the northern boundary of the state of Idaho 
intersects the range line between ranges thirty (30) and thirty-one (31) 
east ; 

Northern boundary. Thence easterly along the northern boundary of 
the state of Idaho to a point where said bounday line intersects the west- 
ern boundary of the state of Wyoming (R. C, § 231) ; 

Eastern boundary. Thence south along the dividing line between 
Idaho and Wyoming to the point where said dividing line intersects with 
the North Fork of Bitch creek; 

Southern boundary. Thence westerly and down said Bitch creek to 
where the same intersects the main channel of Teton river; thence 
down the center of the main channel of said Teton river, to where 
the same intersects the range line between ranges forty-one (41) and 
forty-two (42) east; thence south to the township line between townships 
six (6) and seven (7) north; thence west to the southeast corner of sec- 
tion thirty-five (35), township seven (7) north, range forty (40) east; 
thence north one (1) mile to the northeast corner of section thirty -five 
(35) ; thence west to the northeast corner of section thirty-four (34), 
township seven (7) north, range thirty-nine (39) east; thence north two 
(2) miles to the northeast corner of section twenty-two (22), township 
and range last aforesaid; thence west to the northeast corner of section 
twenty-one (21), township seven (7) north, range thirty-eight (38) east 
('13, c. 26, § 2, pp. 108, 109) ; thence north on said section line between 
said sections twenty-one (21) and twenty-two (22), township and range 
last aforesaid, to the northeast corner of section four (4), township 
seven (7) north, range thirty-eight (38) east; thence west nine (9) miles 
to the southeast corner of township eight (8) north, range thirty-six (36) 
east; thence north six (6) miles to the northeast corner of said township 
eight (8) north, range thirty-six (36) east; thence west on the township 
line between townships eight (8) and nine (9) north, thirty (30) miles 
to the northeast corner of township eight (8) north, range thirty -one 
(31) east; thence south six (6) miles to the southeast corner of said 
township eight (8) north, range thirty-one (31) east; thence west on the 
township line between townships seven (7) and eight (8) north, to a point 
on said township line north of the Big Southern Butte ('13, c. 25, § 2, 
pp. 95, 96) ; 

Western boundary. Thence north to the point where the line thus 
drawn intersects the township line between townships ten (10) and eleven 
(11) north; thence east along said township line to the southwest corner 
of township eleven (11) north, range thirty-one (31) east; thence north 
along the range line between ranges thirty (30) and thirty-one (31) 
east, to the place of beginning (R. C, § 23p). 

County seat — St. Anthony. 

Hist. County created from Bingham county and authorized to determine, at general election in 

temporary county seat located at Saint Anthony, 1896, whether said territory should be cut off from 

act approved Mar. 4, 1893, '93, p. 94 ; at general Lemhi county and annexed to Fremont county, acl 

election, Nov. 6, 1894, permanent county seat lo- approved Mar. 11, L896, '96, p. 115; at general elec- 

cated at St. Anthony, records in office of county tion on Nov. 3, 1896, anexation to Fremont county 

recorder ; see act defining boundaries of Bingham was approved and territory was annexed, records 

county, aivproved Feb. 7, 1889, 15 T. Ses. 37; elec- in office of county recorder; reenacted Feb. II. 1899, 

tors residing in certain territory of Lemhi county '99, p. 273; electors residing in certain territory of 

17 



3:23 POLITICAL DIVISIONS 

Bingham county authorized to determine, at next nexed, records in office of county recorder ; law de- 
general election, whether said territory should be fining boundaries and locating county seat reenact- 
cut off from Bingham county and annexed to Fre- ed, R. C, § 231 ; Jefferson county created from, act 
mont county, act approved Mar. 6, 1903, '03, p. 222 ; approved Feb. 18, 1913, '13, c. 25, p. 94 ; Madison 
at general election on Nov. 8, 1904, annexation to county created from, act approved Feb. 18, 1913, 
Fremont county was approved and territory an- '13, c. 26, p. 107. 

3:23. Gem County. Gem county is described as follows: Begin- 
ning at the southeast corner of township six (6) north, range one (I) 
east; thence north twenty-four (24) miles, to the northeast corner of 
township nine (9) north, range one (1) east; thence east three (3) miles, 
to the southeast corner of section thirty-three (33), township ten (10) 
north, range two (2) east; thence north twelve (12) miles, to the south- 
east corner of section thirty-three (33), township twelve (12) north, 
range two (2) east; thence east three (3) miles to the southeast corner 
of township twelve (12) north, range two (2) east; thence north twelve 
(12) miles to the northeast corner of township thirteen (13) north, 
range two (2) east; thence west along the north boundary of said town- 
ship and range, to the intersection with the east boundary of Adams 
county; thence in a southwesterly direction along the southeast boundary 
of Adams county, to its intersection with the boundary of Washington 
county; thence in a southerly direction along the east boundary of Wash- 
ington county, to its intersection with the north boundary of Canyon 
county on the north line of township nine (9) north, range* one (1) east; 
thence west along the north boundary of Canyon county to 
the northwest corner of section three (3), township nine 
(9) north, range one (1) west; thence south on the sec- 
tion line six (6) miles, to the southeast corner of section thirty-three (33) 
of said township and range; thence west on the township line between 
townships eight (8) and nine (9), four (4) miles to the northwest corner 
of section one (1), township eight (8) north, range two (2) west; thence 
south on section line four (4) miles, to the southwest corner of section 
twenty-four (24), said township and range; thence west on section line 
two (2) miles, to the northwest corner of section twenty-seven (27), 
said township and range; thence south on section line two (2) miles, to 
the southeast corner of section thirty-three (33), said township and 
range; thence west on township line between townships seven (7) and 
eight (8), seven (7) miles, to the southwest corner of section thirty-three 
(33), township eight (8) north, range three (3) west; thence south on 
section line twelve (12) miles, to the southwest corner of section thirty- 
three (33), township six (6) north, range three (3) west; thence east on 
township line between townships five (5) and six (6), twenty -two (22) 
miles, to place of beginning. 

County seat — Emmett. 

Hist. County created from Canyon and Boise tion, May 11, 1915, records in office of county re- 
counties and county seat located at Emmett (ena- corder ; governor's proclamation, May 18, 1915, 
bling act), act approved Mar. 19, 1915, '15, c. 165, records in office of secretary of state, 
p. 362 ; creation of county approved at special elec- 

3 :24. Gooding County. Gooding county is described as follows : Be- 
ginning at the northeast corner of section six (6), township three (3) 
south, range sixteen (16) east; 

Eastern boundary. Thence south twenty-four (24) miles, more or 
less, along the section line to the southeast corner of section thirty-one 
(31), township six (6) south, range sixteen (16) east; thence east one 
(1) mile, more or less, to the northeast corner of section four (4), town- 
ship seven (7) south, range sixteen (16) east; thence south along the 
section line, to the thread of the Snake river; 

Southern boundary. Thence northwesterly along the thread of the 
Snake river to the west line of township six (6) south, range twelve (12) 
east; 

18 



COUNTIES 



3 :25 



Western boundary. Thence north along the west line of range twelve 
(12) east, to the northwest corner of township three (3) south, range 
twelve (12) east; 

Northern boundary. Thence east along the north line of township 
three (3) south, to the place of beginning. 

County seat — Gooding. 



Hist. County created from Lincoln county and 
temporary county seat located at Gooding, act ap- 
proved Jan. 28, 1913, '13, c. 4, p. 13; at general 



election, Nov. 3, 1914, permanent county seat lo- 
cated at Gooding, records in office of county re- 
corder. 



3:25. Idaho County. Idaho county is described as follows: Begin- 
ning at the junction of the Salmon river with the Snake river; 

Northern boundary. Thence up the middle of the channel of Salmon 
river to the mouth of Deep creek ; thence up the middle of the channel of 
Deep creek to the mouth of the Right Fork of Deep creek; thence up the 
middle of the channel of the Right Fork of Deep creek to a point where 
the line between ranges one (1) and two (2) west, crosses Deep creek; 
thence north along the said line to the point where the said line crosses 
Willow creek; thence down the middle of the channel of Willow 
creek, to its junction with Lawyer's canyon; thence down the middle of 
the channel of Lawyer's canyon, to its junction with the Clearwater 
river; thence down the middle of the channel of Clearwater river to the 
mouth of Lolo creek; thence up the middle of the channel of Lolo creek 
to the head of Lolo creek; thence in a direct line to the Lolo pass at the 
summit of the Bitter Root mountains ; 

Eastern boundary. Thence southeasterly and southerly following the 
present denned boundary line between the state of Idaho and the state of 
Montana ('99. p. 79), to a point directly north of the confluence of the 
Middle Fork of Salmon river with the main Salmon river in the state of 
Idaho ; thence south to the confluence of the Middle Fork of Salmon river 
with the main Salmon river; thence southerly along the center line or 
middle of the channel of said Middle Fork of Salmon river (R. C, § 23m), 
to its intersection with the fifth (5th) standard parallel north; 

Southern boundary. Thence west along said parallel to the divide 
separating the waters of the Salmon and Payette rivers; thence westerly 
and southerly ('17, c. 99, § 2, p. 360), along said divide, to the line of 
Adams county, at a point east of the northern point of Little Salmon 
Meadows ; thence west to the Little Salmon river ; thence down the Little 
Salmon river to a point east of the point where the section line between 
sections six (6) and seven (7), township twenty-two (22) north, range 
one (1) east, intersects the said meridian; thence west to the middle of 
the main channel of Snake river; 

Western boundary. Thence down the middle of the main channel of 
Snake river, to the mouth of Salmon river, the place of beginning (R. C, 
§ 23m). 

County seat — Grangeville. 



Hist. County created by act approved Feb. 4, 
1864, 1 T. Ses. 628 ; boundary between counties of 
Nez Perce and Idaho defined, act approved Jan. 5. 
1866, 3 T. Ses. 182 ; boundary between Boise and 
Alturas counties defined, act approved Jan. 12, 1866, 

3 T. Ses. 214 ; boundaries between Boise, Ada and 
Tdaho counties defined, act approved Jan. 10, 1867, 

4 T. Ses. 124 ; Lemhi county created from, act ap- 
proved Jan. 9, 1869, 5 T. Sos. 117 ; boundary be- 
tween Idaho and Ada counties redefined, act ap- 
proved Jan. 10, 1873, 7 T. Ses. 30 ; boundary be- 
tween Lemhi and Idaho counties defined, act ap- 
proved Jan. 10, 1873, 7 T. Ses. 47 ; boundary be- 
tween Idaho and Boise counties defined, act ap- 
proved Jan. 10, 1873, 7 T. Ses. 64 ; boundaries re- 
defined, act approved Jan. 8, 1875, 8 T. Ses. 730 ; 
Washington county created, including portion of, 
act approved Feb. 20, 1879, 10 T. Ses. 40 ; bound- 
aries redefined, act aproved Jan. 21, 1885, 13 T. 
Ses. 126 ; boundary between idaho and Boise coun- 



ties redefined, Special Laws (1887) 120; boundary 
redefined, act approved Feb. 7, 1889, 15 T. Ses. 54 ; 
boundary redefined, act approved Mar. 2, 1891, '90- 
'91, p. 117; boundaries of Washington county rede- 
fined, act approved Feb. 23, 1895, '95, p. 21. re- 
enacted Feb. 2, 1899, '99, p. 22 ; boundary redefined, 
act approved Feb. 2, 1899 ; '99, p. 79 ; boundary be- 
tween Lemhi and Idaho counties redefined, act ap- 
proved Feb. 27, 1903, '03, p. 48 ; boundary re- 
defined, act ar proved Mar. 10. 1903; "03. p. 204: 
boundaries of Washington county redefined, act ap- 
proved Feb. 27, 1905, '05, p. 303 ; law defining 
boundaries and locating county seat reenactod, R. 
C, § 23m ; Valley county created, including portion 
of, act approved Feb. 26, 1917, '17, c. 99, p. 360: 
law passed for creation of Selway county, includ- 
ing portion of (enabling act), act approved Mar. 
14, 1917, '17, c. 127, p. 418; at a special election. 
July 2, 1917, creation of Selway county defeated, 
records in office of county recorder. 



19 



3:26 POLITICAL DIVISIONS 

3 :26. Jefferson County. Jefferson county is described as follows : 
Beginning at a point where the township line between range thirty : one 
(31) and range thirty-two (32) east, intersects the township line between 
townships three (3) and four (4) north; 

Southern boundary. Thence east along said township line between 
townships three (3) and four (4) north, to the southeast corner of sec- 
tion thirty-three (33). township four (4) north, range forty-one (41) 
east; 

Eastern boundary. Thence north on the section line between sections 
thirty-three (33) and thirty-four (34), township and range aforesaid, to 
the northeast corner of section twenty-eight (28), said township and 
range; thence west on the section line between sections twenty-one (21) 
and twenty-eight (28), said township and range, to where the same inter- 
sects with the center of the main channel of the South Fork of Snake 
river; thence down the main channel of said South Fork of Snake river 
to the conjunction of said stream with the North Fork of Snake river; 
thence down the center of the main channel of Snake river to a point 
where the same intersects the section line between sections twenty-one 
(21) and twenty-two (22), township five (5) north, range thirty-eight 
(38) east; thence north on said section line between said sections twenty- 
one (21) and twenty -two (22), township and range last aforesaid, to the 
northeast corner of section four (4), township seven (7) north, range 
thirty-eight (38) east; thence west nine (9) miles, to the southeast cor- 
ner of township eight (8) north, range thirty-six (36) east; thence north 
six (6) miles, to the northeast corner of said township eight (8) north, 
range thirty-six (36) east; 

Northern boundary. Thence west on the township line between town- 
ships eight (8) and nine (9) north, thirty (30) miles, to the northeast 
corner of township eight (8) north, range thirty-one (31) east; 

Western boundary. Thence south ('13, c. 25, § 2, p. 95) along the 
township line between range thirty-one (31) and range thirty-two (32) 
east ('17, c. 98, § 2, p. 346), to the place of beginning. 

County seat — Rigby. 

Hist. County created from Fremont county (ena- records in office of secretary of state : Butte county 

bling act), act approved Feb. 18, 1913, '13 c. 25, created, including portion of, act approved Feb. 6, 

p. 94 ; creation of county approved and county seat 1917, '17, c. 98, p. 344. 
located at Rigby at special election, Nov. 4, 1913, 

3:27. Kootenai County. Kootenai county is described as follows: 
Beginning at the point of intersection of the west boundary line of Sho- 
shone county with the north boundary line of section twenty-two (22), 
township forty-seven (47) north, range one (1) east; 

Southern boundary. Thence west along the north boundary line of 
sections twenty-two (22), twenty-one (21), twenty (20) and nineteen 
(19), township forty-seven (47) north, range one (1) east, to the point 
of intersection with the Boise meridian ; thence along said Boise meridian, 
to the northeast corner of section twenty-four (24). township forty-seven 
(47) north, range one (1) west; thence west along the north boundary 
line of sections twenty-four (24), twenty-three (23), twenty-two (22), 
twenty-one (21), twenty (20) and nineteen (19), township forty-seven 
(47) north, range one (1) west, to the range line between township forty- 
seven (47) north, range one (1) west, and township forty-seven (47) 
north, range two (2) west; thence along said last mentioned range line 
to the northeast corner of section twenty-four (24), township forty- 
seven (47) north, range two (2) west; thence continuing west along the 
north boundary lines of sections twenty-four (24), twenty-three (23), 
twenty-two (22), to the northwest corner of section twenty-two (22), 

20 



counties 3 :27 

township forty-seven (47) north, range two (2) west; thence south along 
the west line of section twenty-two (22), township forty-seven (47) 
north, range two (2) west, to the northwest corner of section twenty- 
seven (27), township forty-seven (47) north, range two (2) west; thence 
west along the north line of sections twenty -eight (28) and twenty- 
nine (29), township forty-seven (47) north, range two (2) west, to the 
northwest corner of section twenty-nine (29), township forty-seven (47) 
north, range two (2) west; thence south along the west line of sections 
twenty-nine (29) and thirty-two (32), township forty-seven (47) north, 
range two (2) west, to the southwest corner of section thirty-two (32), 
township forty-seven (47) north, range two (2) west; thence west along 
the township line between townships forty-six (46) and forty-seven (47) 
north, range two (2) west, to the intersection of the range line between 
ranges two (2) and three (3) west; thence continuing west along the 
township line between townships forty-six (46) and forty-seven (47) 
north, range three (3) west, to the southwest corner of section thirty- 
three (33), township forty-seven (47) north, range three (3) west; 
thence north along the west line of section thirty -three (33), township 
forty-seven (47) north, range three (3) west, to the northwest corner 
of section thirty-three (33), township forty-seven (47) north, range three 
(3) west; thence west along the north line of sections thirty-two (32) 
and thirty-one (31), township forty-seven (47) north, range three (3) 
west, to the range line between ranges three (3) and four (4) west; 
thence south along said range line to the northeast corner of section 
thirty-six (36), township forty-seven (47) north, range four (4) west; 
thence west along the north line of sections thirty-six (36) and thirty- 
five (35), township forty-seven (47) north, range four (4) west, to the 
northwest corner of section thirty-five (35), township forty-seven (47) 
north, range four (4) west; thence south along the west line of said sec- 
tion thirty-five (35), township forty-seven (47) north, range four (4) 
west, to the southwest corner of said section thirty -five (35), township 
forty-seven (47) north, range four (4) west; thence west along the north 
line of township forty-six (46) north, ranges four (4), five (5), and six 
(6) west ('15, c. 4, § 2, pp. 7, 8), to the point of intersection of the Idaho- 
Washington state line with the northern boundary line of township forty- 
six (46) north- of the Boise base line; 

Western boundary. Thence north along said state boundary line to a 
point where the same is intersected by the line between townships fifty- 
three (53) and fifty-four (54) north; 

Northern boundary. Thence east along said township line between 
townships fifty-three (53) and fifty-four (54) north, to the northeast 
corner of township fifty-three (53) north, range three (3) west; thence 
north on the range line between sections thirty-six (36) and thirty-one 
(31) to the northeast corner of section thirty-six (36), township fifty- 
four (54) north, range three (3) west; thence east six (6) miles, to the 
northeast corner of section thirty-six (36), township fifty-four (54) 
north, range two (2) west; thence south along the range line between 
ranges one (1) and two (2) west, to the southwest corner of township 
fifty-three (53) north, range one (1) west; thence east on the township 
line between townships fifty-two (52) and fifty-three (53) north, to the 
intersection of the said line with the western boundary of Shoshone 
county ('09, p. 318) ; 

Eastern boundary. Thence south along the western boundary of Sho- 
shone county, to the point of beginning ('15, c. 4, § 2, p. 6). 

County seat — Coeur d'Alene. 

21 



3:28 



POLITICAL DIVISIONS 



'07, p. 47 ; law defining boundaries and locating 
county seat at Rathdrum, R. C, § 23n ; boundaries 
redefined and county seat located at Coeur d Alene, 
act approved Mar. 11, 1909, '09, p. 318; Benewah 
county created from, act approved Jan. 23, 1915, 
'15, c. 4, p. 5. "Southwest corner of township fifty- 
three (53) north, range one (1) west"' substituted 
for "northeast corner of township 52 north, range 
2 west. B. M.," found in the description of this 
county in the 11th and 12th lines from the bottom 
of p. 318, '09, to correct obvious error. 



Hist. County created and county seat located at 
Sin-na-ac-qua-teen, act approved Dec. 22, 1864, 2 
T. Ses. 432 ; see law creating Shoshone county, act 
approved Feb. 4, 1864, 1 T. Ses. 628 ; boundaries re- 
defined, act approved Jan. 9, 1867, 4 T. Ses. 126 ; 
boundary between Kootenai and Latah counties de- 
fined, act in effect Feb. 22, 1905, '05, p. 333 ; 
county abolished and counties of Lewis and Clark 
created therefrom, act approved Feb. 28, 1905, '05, 
p. 76 ; law abolishing county declared unconstitu- 
tional, McDonald v. Doust, 11 I. 14. 81 P. 60; Bon- 
ner county created from, act approved Feb. 21, 1907, 

3 :28. Latah County. Latah county is described as follows : Begin- 
ning at a point where the middle line of township thirty-seven (37) north 
intersects the boundary line between the state of Idaho and the state of 
Washington ; 

Western boundary. Thence north along the said boundary line to a 
point where the watershed between Hangman's creek and Palouse river 
crosses the said boundary line ; 

Northern boundary. Thence in a southeasterly direction along the 
said watershed to a point where this line crosses the section line between 
sections twenty-seven (27) and twenty -eight (28), township forty-three 
(43) north, range four (4) west; thence south on the said section line 
to the section corner common to sections twenty-seven (27), twenty- 
eight (28), thirty-three (33) and thirty -four (34), in the same township 
and range ; thence east on this section line to the eastern boundary of the 
said township and range ; thence north on the range line to the northwest 
corner of section thirty-one (31), township forty-three (43) north, range 
three (3) west; thence east along the section line running on the north 
of said section thirty-one (31), to the northeast corner of section thirty- 
three (33) township forty-three (43) north, range one (1) west; thence 
south one (1) mile, to the township line between townships forty-two 
(42) and forty-three (43) north; thence east along the said township line 
to a point directly north of the mouth of the North Fork of the Clearwater 
river ; 

Eastern boundary. Thence south to the middle line of township thirty- 
eight (38) north; 

Southern boundary. Thence west to Big Potlatch creek, where it first 
intersects the middle line of township thirty-eight (38) north; thence 
down the said creek southwesterly to a point where it intersects the mid- 
dle line of township thirty-seven (37) north; thence west to the point of 
beginning. 

County seat — Moscow. 



Hist. County created from Nez Perce county by 
Act of Congress, approved May 14, 1888, 25 U. S. 
Stat, at L. 147 ; see law creating Shoshone county, 
act approved Feb. 4, 1864, 1 T. Ses. 628 ; boundary 
between Kootenai and Latah counties redefined, act 



in effect Feb. 22, 1905, '05 p. 333; law defining 
boundaries and locating county seat reenacted, R. 
C, § 23o ; redefining boundaries, act approved Mar. 
11, 1909, '09, p. 318. 



3:29. Lemhi County. Lemhi county is described as follows: Be- 
ginning at a point where the divide between the watersheds of the Sal- 
mon river and the Clearwater river in the state of Idaho intersect the 
boundary line between the state of Idaho and the state of Montana ; thence 
in a southwesterly direction along said divide to its junction with the 
divide between the watershed of Horse creek on the east and watershed 
of Squaw creek and other creeks on the west; thence southerly along said 
divide between Horse creek on the east and Squaw creek and other 
creeks on the west, to Salmon river; thence along the center line of the 
middle of the stream of Salmon river southeasterly and up stream to the 
confluence of the Middle Fork of Salmon river with the main Salmon river 
in the state of Idaho; thence southerly along the center line of the middle 
of the channel of the said Middle Fork of the Salmon river to the mouth 



22 



COUNTIES 



3:30 



of Loon creek ('03, p. 48) ; thence up Loon creek to the mouth of Warm 
Spring creek; thence up Warm Spring creek to the divide which sepa- 
rates the waters of Yankee Fork on the south and Loon and Deep creeks 
on the north, and following the said divide in an easterly direction around 
the head of Panther creek to the divide between Hat creek and Ellis 
creek; thence on the divide between Hat and Ellis creeks in an easterly 
direction to the Salmon river; thence up the main channel of said Salmon 
river to the confluence of the Pahsimeroi river with the Salmon river; 
thence up the Pahsimeroi river to the mouth of Big creek ; thence up Big 
creek and on a line from the head thereof with a general course of the 
said creek to the summit of the divide between the waters of the Pahsi- 
meroi river and the Lemhi river; thence southeasterly on the summit of 
the said divide to a point west from the headwaters of the Little Lost 
river; thence east to the headwaters of the Little Lost river; thence 
down the Little Lost River (15 T. Ses. 26) to the intersection of 
the same with the township line between townships ten (10) and 
eleven (11) north; thence east along the said township line ('99, 
p. Ill), to the southwest corner of township eleven (11) north, range 
thirty-one (31) east; thence north along the range line between ranges 
thirty (30) and thirty-one (31) east, to the intersection of the same with 
the boundary line of the state of Montana ('99, p. 273) ; thence generally 
in a northwesterly direction along the said state boundary line, to the 
point of beginning. 

County seat — Salmon. 



Hist. County created from Idaho county and 
county seat located at Salmon City, act approved 
Jan. 9, 1869, 5 T. Ses. 117 ; boundary between Lem- 
hi and Idaho counties defined, act approved Jan. 10, 
1873, 7 T. Ses. 47 ; boundary between Lemhi and 
Alturas counties defined, act approved Feb. 9, 1881, 
in effect April 1, 1881, 11 T. Ses. 329; survey of 
boundary line between Lemhi and Bingham coun- 
ties authorized, act approved Feb. 5, 1885, 13 T. 
Ses. 46 ; see law defining boundaries of Custer 
county, act approved Feb. 4, 1889, 15 T. Ses. 26; 
boundaries redefined, act approved Mar. 7, 1891, 
'90-'91, p. 166 ; electors residing in portion of Lemhi 
county authorized to determine, at general election 



in 1896, whether said territory should be cut off 
from Lemhi county and annexed to Fremont county, 
act approved Mar. 11, 1895, '95, p. 145 ; at general 
election, Nov. 3, 1896, annexation to Fremont 
county was approved and territory was annexed, 
records in office of county recorder ; law authorizing 
annexation of territory reenacted. act approved Feb. 
14, 1899, '99, p. 273 ; boundary between Lemhi and 
Idaho counties redefined, act approved Feb. 27, 1903. 
'03, p. 48 ; law defining boundaries and locating 
county seat reenacted, R. C, § 23p ; boundaries re- 
defined, act approved Mar. 10, 1911, '11, c. ?18, p. 
699; "southwest" substituted for "southeast," Ml, 
c. 218, p. 701, line 2, to correct obvious error. 



3:30. Lewis County. Lewis county is described as follows: Begin- 
ning at the mouth of Lolo creek ; 

Northern boundary. Thence in a northerly direction down the middle 
of the channel of the Clearwater river to a point where the seventh (7th) 
standard parallel north crosses the Clearwater river; thence west along 
said parallel to a point where the same intersects Little Canyon creek; 
thence down the center of the channel of Little Canyon creek to a point 
where the same empties into Big Canyon creek; thence up the center of 
the channel of Big Canyon creek to a point where the same crosses the 
township line between townships thirty-four (34) and thirty-five (35) 
north; thence west on said township line, to a point where the same 
crosses Mission creek; 

Western boundary. Thence up the middle of the channel of Mission 
creek to a point where the same crosses the township line between town- 
ships thirty-three (33) and thirty-four (34) north; thence west on said 
township line to the northeast corner of section four (4), township thirty- 
three (33) north, range three (3) west; thence south on section lines to 
the center of the channel of Salmon river ; 

Southern boundary. Thence up the center of the channel of Salmon 
river to the mouth of Deep creek ; thence up the middle of the channel of 
Deep creek to the mouth of the Right Fork of Deep creek ; thence up the 
middle of the channel of the Right Fork of Deep creek to a point where 



23 



3:31 POLITICAL DIVISIONS 

the line between ranges one (1) and two (2) west, crosses said Deep 
creek; thence north along said line to the point where the said line crosses 
Willow creek; thence down the middle of the channel of Willow creek to 
its junction with Lawyer's canyon; thence down the middle of the chan- 
nel of Lawyer's canyon to its junction with the Clearwater river; 

Eastern boundary. Thence down the middle of the channel of Clear- 
water river to the mouth of Lolo creek, the place of beginning. 

County seat — Nez Perce. 

Hist. County created from Nez Perce county and act approved Mar. 14, 1917, '17, c. 127, p. 418 ; 

temporary county seat located at Nez Perce, act ap- creation of Selway county defeated at special elec- 

proved Mar. 3, 1911, in effect Mar. 20, 1911, '11, c. tion, July 2, 1917, records in office of county re- 

37, p. 77; at general election, Nov. 5, 1912, perma- corder ; a previous act creating a Lewis county from 

neat county seat located at Nez Perce, records in Kootenai county, approved 7<"eb. 28, 1905, '05, p. 

office of county recorder (see Leach v. Nez Perce 76, declared unconstitutional, McDonald v. Doust. 11 

|1913] 24 I. 322, 133 P. 926) ; law enacted for ere- I. 14, 81 P. 60. 
ation of Selway county from part of (enabling act), 

3:31. Lincoln County. Lincoln county is described as follows: Be- 
ginning at the northeast corner of section six (6), township three (3) 
south, range sixteen (16) east; 

Western boundary. Thence south twenty-four (24) miles, more or 
less, along the section line to the southeast corner of section thirty-one 
(31), township six (6) south, range sixteen (16) east; thence east one 
(1) mile, more or less, to the northeast corner of section four (4), town- 
ship seven (7) south, range sixteen (16) east; thence south along the 
section line to the thread of the Snake river ('13, c. 4, § 2, p. 14) ; 

Southern boundary. Thence easterly following the middle of the 
channel of Snake river to a point where the center line of the Snake 
river is intersected by the west section line of section three (3), town- 
ship ten (10) south, range eighteen (18) east; 

Eastern boundary. Thence northerly along the said section line to 
the northwest corner of section three (3), township nine (9) south, range 
eighteen (18) east; thence easterly along the township line to the north- 
west corner of township nine (9) south, range twenty-two (22) east; 
thence north along the township line to the northwest corner of township 
eight (8) south, range twenty-two (22) east; thence easterly along the 
township line to the southwest corner of section thiry-four (34), town- 
ship seven (7) south, range twenty-three (23) east; thence north along 
the section line to the north line of township seven (7) south, range 
twenty-three (23) east; thence easterly along the township line to the 
southwest corner of section thirty-four (34) township six (6) south, 
range twenty -three (23) east; thence northerly along a line which is 
three (3) miles west of and generally parallel to the east line of range 
twenty-three (23) east, north of the first (1st) standard parallel south, 
to the north line of township three (3) south, range twenty-three (23) 
east ('13, c. 3, § 2, p. 5) ; 

Northern boundary. Thence west along the township line between 
townships two (2) and three (3) south, to the place of beginning (R. C, 
23q). 

County seat — Shoshone. 

Hist. County created and county seat located at Gooding county created from, act approved Jan. 28, 
Shoshone, act approved Mar. 18, 1895, '95, p 170; 1913, '13, c. 4, p. 13 ; a previous act creating Lin- 
law denning boundaries and locating county seat coin county, approved Mar. 3, 1891, '90-'91, p. 120, 
reenacted, R. C, § 23q ; Minidoka county created declared unconstitutional, People v. George, 3 I, 72, 
from, act approved Jan. 28, 1913, '13, c. 3, p. 5 ; 26 P. 983. 

3:32. Madison County. Madison county is described as follows: Be- 
ginning at the southwest corner of section thirty-four (34), township 
four (4) north, range forty-one (41) east ('13, c. 26, § 2, p. 108) ; 

Southern boundary. Thence easterly along the township line between 
townships three (3) and four (4) north (R. C, 23 1) to a point two (2) 

24 



counties 3:33 

miles east of the range line which, when surveyed, will be between ranges 
forty-two (42) and forty-three (43) east ('15, c. 8, § 2, p. 30) ; 

Eastern boundary. Thence north to the center of the main channel of 
Teton river, where said river intersects the section line between sections 
sixteen (16) and seventeen (17), township seven (7) north, range fortv- 
three (43) east ('15, c. 8, § 2, p. 30) ; 

Northern boundary. Thence down the center of the main channel of 
said Teton river to where the same intersects the range line between 
ranges forty-one (41) and forty-two (42) east; thence south to the town- 
ship line between townships six (6) and seven (7) north; thence west to 
the southeast corner of section thirty-five (35), township seven (7) north, 
range forty (40) east; thence north one (1) mile, to the northeast corner 
of section thirty-five (35) ; thence west to the northeast corner of section 
thirty-four (34), township seven (7) north, range thirty-nine (39) east; 
thence north two (2) miles to the northeast corner of section twenty-two 
(22), township and range last aforesaid; thence west to the northeast 
corner of section twenty-one (21), township seven (7) north, range 
thirty-eight (38) east; 

Western boundary. Thence south on the section line between sections 
twenty-one (21) and twenty-two (22), township and range last aforesaid, 
to the township line between townships six (6) and seven (7) north; thence 
continuing in a southerly direction on the line which, when surveyed, 
will be the section line between sections three (3) and four (4), township 
six (6) north, range thirty-eight (38) east, to the southern boundary of 
said township; thence south along the section line between sections three 
(3) and four (4), township five (5) north, range thirty-eight (38) east, 
to where the same intersects the center of the main channel of the Snake 
river; thence up the center channel of said Snake river to the junction of 
the North and South Forks of the Snake river, and continuing up the 
center channel of said South Fork of Snake river to where the same inter- 
sects the section line that runs due east between sections twenty-three 
(23) and twenty-six (26), township four (4) north, range forty (40) 
east ; thence east on said section line last aforesaid in said last mentioned 
township and range to the northeast corner of section twenty-eight (28), 
township four (4) north, range forty-one (41) east; thence south two (2) 
miles to the place of beginning ('13, c. 26, § 2, p. 109). 

County seat — Rexburg. 

Hist. County created from Fremont county (ena- 1913, records in office of secretary of state; Teton 

bling act), act approved Feb. 18, 1913, '13, c. 26, county created from, act approved Jan. 26, 1915, 

p. 107 ; creation of county approved and county '15, c. 8, p. 29. 
seat located at Rexburg at special election, Nov. 4, 

3:33. Minidoka County. Minidoka county is described as follows: 
Beginning at the point where the center line of the Snake river is inter- 
sected by the west section line of section three (3), township ten (10) 
south, range eighteen (18) east; 

Western boundary. Thence northerly along the said section line to the 
northwest corner of section three (3), township nine (9) south, range 
eighteen (18) east; thence easterly along the township line to the north- 
west corner of township nine (9) south, range twenty-two (22) east; 
thence north along the township line to the northwest corner of township 
eight (8) south, range twenty-two (22) east; thence easterly along the 
township line to the southwest corner of section thirty-four (34), town- 
ship seven (7) south, range twenty-three (23) east; thence north along 
the section line to the north line of township seven (7) south, range 
twenty-three (23) east; thence easterly along the township line to the 
southwest corner of section thirty-four (34), township six (6) south, 

25 



3:34 POLITICAL DIVISIONS 

range twenty- three (23) east; thence northerly along a line which is 
three (3) miles west of and generally parallel to the east line of range 
twenty -three (23) east, north of the first (1st) standard parallel south, 
to the north line of township three (3) south, range twenty-three (23) 
east; 

Northern boundary. Thence easterly along said township line (M3, 
c. 3, § 2, pp. 5, 6) to the intersection of the same with the line between 
ranges twenty-five (25) and twenty-six (26) east; thence south along the 
said range line (R. C, 23e), to its intersection with the center line of 
Snake river; thence southwesterly along said center line of Snake river, 
to the point of beginning ('13, c. 3, § 2, p. 6). 

County seat — Rupert. 

Hist. County created from Lincon county and tion Nov. 3, 1914, permanent county seat located at 
temporary county seat located at Rupert, act ap- Rupert, records in office of county recorder, 
proved Jan. 25, 1913, '13, c. 3, p. 5 ; at general elec- 

3:34. Nez Perce County. Nez Perce county is described as follows: 
Beginning at the northwest corner of section twenty-two (22), township 
thirty-eight (38) north, range one (1) west; 

Eastern boundary. Thence south to the north boundary line of the 
Nez Perce Indian reservation; thence easterly along said reservation line 
to the intersection of the same with the line running south between sec- 
tions fifteen (15) and sixteen (16), township thirty-seven (37) north, 
range one (1) west; thence south on the said line between sections fif- 
teen (15) and sixteen (16), to the middle of the channel of Clearwater 
river; thence up the middle of the channel of said Clearwater river to a 
point where the same is intersected by the section line between sections 
five (5) and six (6), township thirty-six (36) north, range one (1) east; 
thence south on the section line between said sections five (5) and six (6) 
to the middle of the channel of Little Canyon creek ('11, c. 24, § 2, p. 50) ; 
thence down the center of the channel of Little Canyon creek to a point 
where the same empties into Big Canyon creek; thence up the center of 
the channel of Big Canyon creek to a point where the same crosses the 
township line between townships thirty-four (34) and thirty-five (35) 
north ; thence west on said township line to a point where the same 
crosses Mission creek; thence up the middle of the channel of Mission 
creek to a point where the same crosses the township line between town- 
ships thirty-three (33) and thirty-four (34) north; thence west on said 
township line to the northeast corner of section four (4), township thirty- 
three (33) north, range three (3) west; thence south on section lines to 
the center of the channel of Salmon river ('11, c. 37, § 2, pp. 77, 78) ; 

Southern boundary. Thence down the middle of the channel of Salmon 
river to a point in the middle of the channel of Snake river opposite the 
junction of Salmon river; 

Western boundary. Thence northerly along the boundary line between 
the state of Idaho and the state of Washington to the point where said 
boundary line is intersected by the middle line of township thirty-seven 
(37) north; 

Northern boundary. Thence east to a point where the Big Potlach 
creek intersects with the said middle line of township thirty-seven (37) 
north ; thence up the Big Potlach creek northeasterly to a point where said 
creek first intersects with the middle line of township thirty-eight (38) 
north; thence east to the point of beginning ('09, p. 318). 

County seat — Lewiston. 

Hist. County created, act approved Feb. 4, 1864, aries of Idaho county, approved Jan. 21, 1885, 13 

1 T. Ses. 628 ; boundaries between Nez Perce and T. Ses. 126 ; Latah county created from, act ap- 

Idaho counties defined, act approved Jan. 5, 1866, proved May 14, 1888, 25 U. S. Stat, at L. 147 : 

3 T. Ses. 182 ; boundaries redefined, act approved boundaries of Idaho county defined, act approved 

Jan. 9, 1867, 4 T. Ses. 126 ; see act denning bound- Feb. 2, 1899, '99, p. 79 ; boundaries redefined, act 

26 



counties 3 :35 

aproved Mar. 21, 1901, '01, p. 209; electors resid- reenacted, R. C, S 23r ; boundaries redefined, act 

ing in portion of Shoshone county authorized to approved Mar. 11, 1909, '09, p. 318 ; Clearwater 

determine, ac next general election, whether said county created from, act approved Feb. 27, 1911, 

territory should be cut off from Shoshone county '11, c. 24. p. 49; Lewis county created from, act 

and annexed to Nez Perce county, act approved approved Mar. 3, 1911, in effect Mar. 20, 1911, '11, 

Mar. 10, 1903, '03, p. 204 ; at general election, Nov. c. 37, p. 77. 

8, 1904, annexation to Nez Perce county approved For reference to early history, see Scully v. 

and territory annexed, records in office of county re- Squier (1907) 13 I. 417, 90 P. 573, 30 L. R. A. (N. 

corder, see act approved Feb. 16, 1905, '05, p. 331 ; S.) 183, aff. 30 S. C. R. 51, 215 U. S. 144, 54 L. 

law defining boundaries and locating county seat ed. 131. 

3 :35. Oneida County. Oneida county is described as follows : Begin- 
ning at a point where the one hundred thirteenth (113th) meridian west 
from Greenwich intersects with the southern line of township twelve (12) 
south ; 

Western boundary. Thence south along the said meridian to a point 
where said meridian intersects with the northern boundary line of the state 
of Utah (R. C, § 23s) ; 

Southern boundary. Thence easterly along said boundary line to a 
point on the boundary line between the states of Utah and Idaho, where the 
same is intersected by the section line between sections twenty-six (26) 
and twenty-seven (27), township sixteen (16) south, range thirty-seven 
(37) east; 

Eastern boundary. Thence in a northerly direction along the section 
line as now surveyed to the southeast corner of section twenty-seven (27), 
township fourteen (14) south, range thirty-seven (37) east; thence east- 
erly along said section line as now surveyed to the southeast corner of 
section twenty-six (26), township fourteen (14) south, range thirty-seven 
(37) east; thence continuing easterly along said line to a point which, 
when surveyed, will be the southeast corner of section twenty-five (25), 
township fourteen (14) south, range thirty-seven (37) east; thence north- 
erly along the western boundary of township fourteen (14) south, range 
thirty-eight (38) east, as now surveyed, to its intersection with the boun- 
dary line C13, c. 5, § 2, pp. 22, 23) of Bannock county; thence west along 
the boundary line of Bannock county to a point on the top of the range 
west of a point one (1) mile south of the present southern boundary of 
the townsite of Oxford ; thence northwesterly along the crest of the moun- 
tains between Malad and Marsh valleys (R. C, § 23s), to the southeast 
corner of section twenty-four (24), township eleven (11) south, range 
thirty-five (35) east; thence following the unbroken crest of the main 
mountain range to the northwest corner of section twenty-three (23), 
township eleven (11) south, range thirty-five (35) east, thence north one- 
half ( ] />) mile, to the quarter corner between sections fourteen (14) and 
fifteen "(15) ; thence west one (1) mile to the quarter corner of sections 
fifteen (15) and sixteen (16) ; thence north one-half O/2) mile, to the 
northwest corner of section fifteen (15); thence west one-fourth (14) 
mile; thence north one-half (V2) mile; thence west one-half (V 2 ) mile; 
thence north one-half (%) mile; thence west one-fourth {V v ) mile, to the 
northwest corner of section nine (9), township eleven (11) south, range 
thirtv-five (35) east; thence north one (1) mile, to the northwest corner 
of section four (4), township eleven (11) south, range thirty-five (35) 
east, which is the point of intersection with the township line between 
townships ten (10) and eleven (11) south, range thirty-five (35) east; 

Northern boundary. Thence west along and upon the south line of said 
township ten (10), to a point on said line two (2) miles east from the 
southeast corner of township ten (10) south, range thirty-three (83) east 
('13, c. 6, § 2, p. 32) ; thence south to a point where the line thus drawn 
intersects the line between townships eleven (11) and twelve (12) south 
range thirty-four (34) east ('15, c. 132, § 2, p. 288) ; thence west along and 
upon the south line of said township eleven (11) south, to the southeast 

27 



O .00 



POLITICAL DIVISIONS 



corner of township eleven (11) south, range thirty-two (32) east; thence 
south upon the township line to the southeast corner of township twelve 
(12) south, range thirty-two (32) east; thence west upon and along the 
southern line of said township twelve (12), to the place of beginning ('13, 
c. 6, §2, p. 32). 

County seat — Malad City. 



Hist. County created and county seat located at 
Soda Springs, act approved Jan. 22, 1864, 1 T. 
Ses. 625 ; county seat removed from Soda Springs 
and located at Malade City, act approved Jan. 5, 
1866, 3 T. Ses. 182 ; boundaries between Owyhee and 
Oneida counties denned, act approved Jan. 2, 1871, 
6 T. Ses. 54 ; Bear Lake county created from, act 
approved Jan. 5, 1875, 8 T. Ses. 720 ; boundaries 
between Alturas and Oneida counties denned, act 
approved Jan. 8, 1877, 9 T. Ses. 90 ; Bingham 
county created, act approved Jan. 13, 1885, 13 T. 
Sea. 41 ; see act creating Bannock county, approved 
Mar. 6, 1893, '93, p. 170 ; law denning boundaries 
and locating county seat reenacted, R. C, § 23s ; 
Franklin county created from, act approved Jan. 
30, 1913, '13, c. 5, p. 22 ; Power county created, in- 
cluding portion of, act approved Jan. 30, 1913, '13, 
c. 6, p. 30 ; electors residing in portion of Oneida 



county authorized to determine, at general election 
to be held in November, 1916, whether said territory 
should be cut off from Oneida county and annexed 
to Power county, act approved Mar. 15, 1915, '15, 
c. 132, p. 287 ; at general election, Nov. 7, 1916, an- 
nexation to Power county approved and territory 
annexed, records in office of county recorder. 

The description of the eastern boundary, which is 
common to Oneida and Bannock counties, is taken 
from the description of this boundary line as es- 
tablished by a joint survey made by the county sur- 
veyor of Bannock county and the acting county sur- 
veyor of Oneida county, between Oct. 28 and Nov. 
2, 1915, and which boundary line so established was 
adopted by the board of county commissioners of 
Oneida county at their January meeting, in 1916, 
and by the board of county commissioners of Ban- 
nock county on Apr. 18, 1916. 



ties defined, act approved Jan. 2, 1871, 6 T. Ses. 54 ; 
Cassia county created from, act approved Feb. 20, 
1879, 10 T. Ses. 43 ; see act amending same, in ef- 
fect Feb. 9, 1891, 11 T. Ses. 339; law defining 
boundaries and locating county seat reenacted, R. 
C, § 23t. 



3:36. Owyhee County. Owyhee county is described as follows: Be- 
ginning on the Snake river at the mouth of Owyhee river; 

Western boundary. Thence south along the eastern boundary line of 
the state of Oregon to the northern boundary of the state of Nevada ; 

Southern boundary. Thence east along the northern boundary of the 
state of Nevada (1 Ter. Ses. 628) to the thirty-eighth (38th) meridian of 
longitude west from Washington; 

Eastern boundary. Thence north along the said meridian to the Snake 
river (10 Ter. Ses. 43) ; 

Northern boundary. Thence down the channel of the Snake river in 
a westerly direction to the mouth of the Owyhee river, the place of begin- 
ning. 

County seat — Silver City. 

Hist. County created, act approved Dec. 31, 1863, 
1 T. Ses. 624 ; Oneida county created, act approved 
Jan. 22, 1864, 1 T. Ses. 625 ; boundaries redefined 
and county seat located at Ruby City, act approved 
Feb. 4, 1864, 1 T. Ses. 628; county seat located at 
Silver City, act approved Jan. 2, 1867, 4 T. Ses. 
130 ; boundaries between Owyhee and Oneida coun- 

3:37. Payette County. Payette county is described as follows: Be- 
ginning at the intersection of the north line of township nine (9) north, 
range five (5) west, with the west line of the state of Idaho, said inter- 
section being the southwest corner of Washington county ; 

Northern boundary. Thence east a distance of twenty-two (22) miles, 
more or less, to the northwest corner of section three (3), township nine 
(9) north, range one (1) west; 

Eastern boundary. Thence south on section line six (6) miles, to the 
southeast corner of section thirty-three (33), said township and range; 
thence west on the township line between townships eight (8) and nine 
(9) north, four (4) miles to the northwest corner of section one (1), 
township eight (8) north, range two (2) west; thence south on section 
line four (4) miles, to the southwest corner of section twenty-four (24), 
said township and range; thence west on section line two (2) miles, to the 
northwest corner of section twenty-seven (27), said township and range; 
thence south on section line two (2) miies, to the southeast corner of sec- 
tion thirty-three (33), said township and range; thence west on township 
line between townships seven (7) and eight (8), seven (7) miles, to the 
southwest corner of section thirty-three (33), township eight (8) north, 
range three (3) west; thence south on section line twelve (12) miles, to 

28 



counties 3 ;38 

the southwest corner of section thirty-three (33), township six (6) north, 
range three (3) west; 

Southern boundary. Thence west on township line between townships 
five (5) and six (6), two (2) miles to the southwest corner of section 
thirty-one (31), township six (6) north, range three (3) west; thence 
south on range line between ranges three (3) and four (4), one-half (i/ 2 ) 
mile to the east quarter corner of section one (1), township five (5) north, 
range four (4) west; thence west along the center line of sections one (1) 
and two (2), said township and range, two (2) miles to the east quarter 
corner of section three (3), said township and range: thence south along 
the section line one-half (l/£>) mile, to the southeast corner of section three 
(3), said township and range; thence west along the section line three (3) 
miles, to the southwest corner of section five (5), said township and 
range; thence north along the section line one (1) mile, 
to the northwest corner of section five (5), said township 
and range; thence west along the township line between 
townships five (5) and six (6) north, two (2) miles, to the southwest cor- 
ner of section thirty-six (36), township six (6) north, range five (5) 
west; thence north along the section line one (1) mile, to the northwest 
corner of section thirty-six (36), said township and range; thence west 
along the section line one (1) mile, to the southwest corner of section 
twenty-six (26), said township and range; thence north along the section 
line one (1) mile, to the southwest corner of section twenty -three (23), 
said township and range; thence west along the section line two (2) miles, 
to the southwest corner of section twenty-one (21), said township and 
range ; thence north along the section line three (3) miles, to the northwest 
corner of section nine (9), said township and range; thence west along 
the section line one and one-half (IV2) miles, more or less, to an inter- 
section with the west line of the state of Idaho ; 

Western boundary. Thence in a northerly direction, following the said 
west boundary line of the state of Idaho, to the point of beginning. 

County seat — Payette. 

Hist. County created from Canyon county and of county approved at special election May 11, 
county seat located at Payette (enabling act), act 1917, records in office of county recorder of Can- 
approved Feb. 28, 1917, '17, c. 11, p. 13; creation yon county. 

3 :38. Power County. Power county is described as follows : Begin- 
ning at the northwest corner of section thirty -one (31), township six (6) 
south, range thirty (30) east; thence east along the section line between 
sections thirty-one (31) and thirty (30), township and range aforesaid, 
and an extension thereof to the point where such extended line intersects 
with the center of the west channel of Snake river ; running thence up the 
center of the west channel of Snake river, upon and along the boundary 
line of Bingham county, to the point in the main channel of said river, 
where the same divides, forming the east and west branches thereof; 
thence southerly down the center of the east branch of Snake river to the 
point of intersection of the center line of said east branch with an exten- 
sion of the center line of the Portneuf river in section seventeen (17), 
township six (6) south, range thirty-two (32) east; thence easterly up the 
center of the main channel of Portneuf river, along and upon the bound- 
ary line of Bannock county, to the point of the mountain ; thence in a south- 
erly direction along and upon the western boundary of Bannock county, to 
the point of intersection with the township line between townships ten 
(10) and eleven (11) south, range thirty-five (35) east; thence west along 
and upon the south line of said township ten (10) ('13, c. 6, § 2, pp. 31, 
32), to a point a distance of two (2) miles east from the southeast corner 
of township ten (10) south, range thirty-three (33) east; thence south to 

29 



3:39 POLITICAL DIVISIONS 

a point where the line thus drawn intersects the line between townships 
eleven (11) and twelve (12) south, range thirty-four (34) east; thence 
west along and upon the line between townships eleven (11) and 
twelve (12) south ('15, c. 132, § 2, p. 288), to the south- 
east corner of township eleven (11) south, range thirty -two (32) east; 
thence south upon the township line to the southeast corner of township 
twelve (12) south, range thirty-two (32) east; thence west upon and along 
the southern line of said township twelve (12), to the southwest corner 
of township twelve (12) south, range thirty (30) east; thence north upon 
the range line between ranges twenty-nine (29) and thirty (30) east, to 
the southwest corner of township nine (9) south, range thirty (30) east; 
thence west along and upon the south line of township nine (9) south, to 
the southwest corner of section thirty -four (34), township nine (9) south, 
range twenty-eight (28) east; thence north upon and along the line be- 
tween sections thirty-three (33) and thirty-four (34), township nine (9) 
south, range twenty -eight (28) east, and an extension thereof to the point 
where said line so extended intersects the center of the main channel of 
Snake river ; thence down the center of the main channel of Snake river, to 
the point of intersection with the range line between ranges twenty-seven 
(27) and twenty-eight (28) east; thence north along and upon said range 
line to the northwest corner of township nine (9) south, range twenty- 
eight (28) east; thence east upon and along the north line of said township 
nine (9) south, to the northeast corner of section four (4), township nine 
(9) south, range twenty-eight (28) east; thence in a northerly direction 
along and upon the section line which when surveyed will be between sec- 
tions thirty-three (33) and thirty-four (34), township eight (8) south, 
range twenty-eight (28) east, and an extension of such line to the point 
where such extended line will intersect with the township line which, when 
surveyed, will be the township line between township? seven (7) and eight 
(8) south, range twenty-eight (28) east; thence west upon the township 
line to a point which, when surveyed, will be the southwest corner of town- 
ship seven (7) south, range twenty-eight (28) east; thence north along 
and upon the range line which, when surveyed, will be the range line be- 
tween ranges twenty-seven (27) and twenty-eight (28) east, to a point 
which will be, when surveyed and established, the northwest corner of 
township four (4) south, range twenty-eight (28) east; thence east along 
and upon the line which will be, when surveyed, the north line of said town- 
ship four (4) south, to the northwest corner of township four (4) south, 
range thirty (30) east; thence south along the range line, the same being 
the western boundary line of Bingham county, to the northwest corner of 
section thirty-one (31), township six (6) south, range thirty (30) east, the 
point of beginning ('13, c. 6, § 2, op. 32, 33). 
County seat — American Falls. 

Hist. County created from portions of Oneida, whether said territory should be cut off from Onei- 

Bingham, Blaine and Cassia counties, and county da county and annexed to Power county, act ap- 

seat located at American Falls, act approved Jan. proved Mar. 15, 1915, '15, c. 132, p. 287 ; at gen- 

30, 1913, '13, c. 6, p. 30 ; electors residing in por- eral election, Nov. 7, 1916, annexation to Power 

tion of Oneida county authorized to determine, at county approved and territory annexed, records in 

general election to be held in November, 1916, office of county recorder. 

3 :39. Shoshone County. Shoshone county is described as follows : Be- 
ginning at a point where the township line between townships forty-one 
(41) and forty-two (42) north, intersects the western boundary of the 
state of Montana; 

Eastern boundary. Thence in a northerly direction along the said 
boundary and with the Bitter Root range of mountains until the said range 
turns in a westerly direction and is called Coeur d'Alene ; 

Northern boundary. Thence with the said Coeur d'Alene range of 

30 



LEGISLATIVE DISTRICTS 



4:3 



half (6M>) miles, to a point 1320 feet south and 1320 feet east of the west 
quarter corner of section twenty-four (24), township thirteen (13) north, 
range one (1) west; thence east ('11, c. 31, § 2, p. 67) to the summit of the 
dividing range between the waters of Crane creek on the west and Squaw 
creek on the east ; 

Eastern boundary. Thence southerly along the summit of said dividing 
range to the intersection of said dividing ridge with the second (2d) 
standard parallel north (R. C, § 23f) ; 

Southern boundary. Thence west along said second (2d) standard 
parallel to its intersection with the Snake river ; 

Western boundary. Thence down the main channel of Snake river, to 
the place of beginning (R. C, § 23w). 
County seat — Weiser. 



Hist. County created from Ada and Idaho coun- 
ties, act approved Feb. 20, 1879, 10 T. Ses. 40 ; 
boundaries redefined, act approved Feb. 11, 1891, 
'90-'91, p. 41 ; boundaries redefined, act approved 
Feb. 23, 1895, '95, p. 21 ; reenacted, act approved 
Feb. 2, 1899, '99, p. 22 ; see act defining boundary 
of Idaho county, approved Feb. 2, 1899, '99, p. 79 ; 
boundaries redefined, act approved Feb. 27, 1905, 



'05, p. 303 ; law defining boundaries and locating 
county seat reenacted, R. C, § 23w ; Adams county 
created from, act approved Mar. 3, 1911, '11, c. 
31, p. 67. "In an easterly direction" substituted for 
"south and in a southeasterly direction," found in 
'11, c. 31, p. 67, § 2, lines 7 and 8, to correct ob- 
vious error. 



CHAPTER 4. 
LEGISLATIVE DISTRICTS. 

Note: This chapter, enacted '17, c. 165, p. 493, heretofore embodied in one section, has been 
divided into sections by the commissioner and a few verbal changes made. Previous apportion- 
ment acts are: '05, p. 430, § 1; '07, p. 472, §§ 1, 2 ; R. C., § 25; '09, p. 106; H. B., 283; '11, 
c. 227, p. 730;' '13, c. 188, p. 622; '15, c. 126, p. 272. 

4:1. Legislative apportionment. The apportionment of the houses of 
the legislature is as provided in this chapter. 



Cross ref. Constitutional provision relating to 
apportionment ; Const. Ill, 2, as am. 

Construction of prior acts: Laws '91, p. 195, 
which, in providing for the apportionment of the 
legislature, accorded representation to two coun- 
ties created by an act subsequently declared to be 
unconstitutional, and omitted to provide represen- 
tation for the counties from which the two created 
counties were organized, is unconstitutional. Bal- 
Ientine v. Willey (1893) 3 I. 496, 31 P. 994, 95 A. 
S. R. 17. 

An apportionment act which contemplates that 
each county shall have one senator and representa- 
tives in proportion to population, is valid and con- 
stitutional, although an act purporting to create 
certain counties for the representation of which 
the apportionment act provides, is afterward held 
unconstitutional. In such case the apportionment 
act will be enforced according to its terms, except 
that one senator will be accorded to the county 
from which the attempted new counites were creat- 
ed, and representatives will be allowed to such 



county in proportion to its population. Heitman v. 
Gooding (1906) 12 I. 581, 86 P. 785. 

County division: Laws '93, p. 170, creating Ban- 
nock county, does not deprive said county of rep- 
resentation in the legislature, since said act neither 
grants nor refuses representation to said county, 
which remains a part of Bingham county rejiresen- 
tative district and a part of the senatorial district 
composed of Bingham, Logan and Alturas counties, 
. and its electors are entitled to vote for the same 
number of representatives as they were prior to the 
creation of Bannock county. Sabin v. Curtis (1893) 
3 I. 662, 32 P. 1130; Allen v. Curtis (1893) 3 I. 671, 
32 P. 1133. 

Equal representation: The legislature is prohib- 
ited by the constitution from passing an apportion- 
ment act which does not give substantially just and 
equal representation to the people of each county, 
based upon either the voting or entire population, 
or upon some other fair basis. Ballentine v. Wil- 
ley (1893) 3 I. 496, 31 P. 994, 95 A. S. R. IT. 



the electors of Bannock county in the election of 
senators in that district. Sabin v. Custis (1S93) 
3 I. 662, 32 P. 1130. 



4:2. Senatorial districts. Each county in the state now existing or 
hereafter created shall constitute a senatorial district and shall elect one 
senator. 

Cross ref. Conforms to Const. Ill, 2, as am. 

County division : Laws '93, p. 170, creating Ban- 
nock county, does not segregate the eleventh sena- 
torial district, nor take away any of the rights of 

4:3. Representative districts. The several counties shall elect mem- 
bers of the house of representatives as follows : Each county shall elect 
one representative for each 2,500 votes and remaining fraction thereof 
amounting to 1,000 votes or more cast in said county at the last general 
election, based on the total vote cast for all candidates for governor: Pro- 
vided, That there shall be at least one representative from each county. 



Cross ref. Representatives not to exceed three 
times the number of senators. Const. Ill, 2, as am. 
Representative district, when more than one 



county shall constitute the same, shall be composed 
of contiguous counties, and no county Bhall be di- 
vided in creating such districts. Const. Ill, •",. 



33 



Pol-2 



4:4 POLITICAL DIVISIONS 

4:4. Duty of secretary of state. The secretary of state must certify 
to the county auditor of each county on or before the first day of April 
preceding a general election the number of representatives in the legisla- 
ture said county will be entitled to elect at the following election. When 
any new county has been created, subsequent to the last general election 
for governor, the total vote cast for governor in the territory included in 
such new county and in the territory remaining in any county or counties 
from which said new county has been created shall be estimated by the 
secretary of state as nearly as possible from the election returns and the 
legislative apportionment figured thereon. 

CHAPTER 5. 
JUDICIAL DISTRICTS. 

Note: This chapter, '17, c. 21, § 6, p. 50, heretofore embodied in a single section, has been 
divided into sections by the commissioner. The act is based upon Const. V, 24, as modified by 
acts creating new counties and attaching them to judicial districts: fourth district reestablished, 
'91, p. 189, reenacted '99, p. 127 ; sixth district established, '03, p. 72 ; seventh district estab- 
lished, '05, p. 6 ; law defining judicial districts reenacted, R. C. § 26 ; eighth district established 
'09, p. 194 ; ninth district established, '11, c. 20, § 1, p. 45 ; tenth district established, '17, c. 21, 
S 1, P. 50. 

House joint resolution No. 3, '07, p. 592, proposing amendment to Const. V. 24, so as to 
provide a district court for each county, held unconstitutional, McBee v. Brady, 15 I. 761, 100 
P. 97. 

5:1. Number of judicial districts. The state is divided into ten judi- 
cial districts, described in this chapter. 

Hist. '17, c. 21, § 6, p. 50, rewritten. 

5:2. First district. The first district comprises the county of Sho- 
shone. 

Hist. Shoshone and Kootenai, Const. V, 24 ; 
Bonner added, '07, p. 47, § 15 ; Kootenai and Bon- 
ner constituted eighth district, '09, p. 194. 

5:3. Second district. The second district comprises the counties of 
Clearwater and Latah. 

Hist. Latah, Nez Perce and Idaho, Const. V, 24 ; 50 ; Selway added by enabling act, '17, c. 127, § 12, 

Clearwater added, '11, c. 24, § 13, p. 57 ; Lewis p. 425 ; creation of Selway defeated at special elec- 

added, '11, c. 37, § 15, p. 83, Idaho, Lewis and tion, July 2, 1917. 
Nez Perce constituted tenth district, '17, c. 21, p. 

5:4. Third district. The third district comprises the counties of Ada, 
Boise, Owyhee and Valley. 

Hist. Washington, Ada, Boise and Owyhee, § 6, p. 5 ; additional judge authorized, '11, c. 2, 
Const. V, 24; Washington and Owyhee attached to § 2, p. 4 (cited, Joy v. Gifford [1912] 22 I. 301, 125 
seventh district, '05, p. 6; Owyhee added, '11, c. 2, P. 181) ; Valley added, '17, c. 99, § 14, p. 369. 

5:5. Fourth district. The fourth district comprises the counties of 
Blaine, Camas, Cassia, Elmore, Gooding, Lincoln, Minidoka and Twin 
Falls. 

Hist. Cassia, Elmore, Logan and Alturas, Const. territory), '95, p. 31; Blaine added, '95, p. 31, § 9 ; 

V, 24 ; Alta, Lincoln, Cassia, Custer and Elmore Blaine, Lincoln, Cassia, Custer and Elmore, '99, p. 

(Alta and Lincoln having been created out of Al- 127 ; Custer constituted part of sixth district, '03, 

turas and Logan, '90-'91, p. 120, but this act held p. 72 ; Twin Falls added, '07, p. 40, § 10 ; addi- 

unconstitutional June 3, 1891, People v. George, 3 tional judge authorized, '11, c. 8, p. 24; Minidoka 

I. 72), '90-'91, p. 189; Lincoln added (Alturas and added, '13, c. 3, § 13, p. 11; Gooding added, '13, c. 

Logan abolished, and Blaine created out of their 4, § 13, p. 20 ; Camas added, '17, c. 97, § 7, p. 332. 

5:6. Fifth district. The fifth district comprises the counties of Ban- 
nock, Bear Lake, Franklin, Oneida and Power. 

Hist. Bear Lake, Bingham, Oneida, Lemhi and district, '03, p. 72 ; Franklin added, '13, c. 5, § 11, 
Custer, Const. V, 24 ; Bannock added, '93, p. 170, p. 27 ; Power added, '13, c. 6, § 29, p. 44 ; addi- 
§ 10 ; Bingham, Lemhi and Custer attached to sixth tional judge authorized, '17, c. 4, p. 6. 

5:7. Sixth district. The sixth district comprises the counties of 
Bingham, Butte, Custer and Lemhi. 

Hist. Fremont, Bingham, Lemhi and Custer, '03, neville and Fremont attached to ninth district, '11, 
p. 72; Bonneville added, '11, c. 5, § 11, p. 13; Bon- c. 20, p. 45; Butte added, '17, c. 98, § 7, p. 347. 

5:8. Seventh district. The seventh district comprises the counties of 
Adams, Canyon, Gem, Payette and Washington. 

34 



CESSIONS TO THE FEDERAL GOVERNMENT C. 7 § 27 

Hist. Canyon, Owyhee and Washington, '05, p. Gem added, '15, c. 165, § 14, p. 370 ; Payette added, 
6; Owyhee detached and added to third district, '11, '17, c. 11, § 13, p. 21, '17, c. 21, p. 50; additional 
c. 2, p. 4; Adams added, '11, c. 31, § 14, p. 71; judge authorized, '17, c. 20, p. 49. 

5:9. Eighth district. The eighth district comprises the counties of 
Benewah, Bonner, Boundary and Kootenai. 

Hist. Kootenai and Bonner, '09, p. 194; part of 1060; aditional judge authorized, '11, c. 28, p. 64; 
act providing for election of judge held unconstitu- Benewah added, '15, c. 4, § 11 p ' 16 • Boundary 
tional, Knight v. Trigg (1909) 16 I. 256, 100 P. added, '15, c. 7, § 10, p. 26.' 

5:10. Ninth district. The ninth district comprises the counties of 
Bonneville, Fremont, Jefferson, Madison and Teton. 

Hist. Bonneville and Fremont, '11, c. 20, p. 45; added, '13, c. 26, § 12, p. 115; Teton added, '15 c 8 
Jefferson added, '13, c. 25, § 12, p. 101; Madison § 6, p. 31. 

5:11. Tenth district. The tenth district comprises the counties of 
Idaho, Lewis and Nez Perce. 

Hist. Idaho, Lewis and Nez Perce, '17, c. 21, 
p. 50. 

CHAPTER 6. 

CONGRESSIONAL DISTRICTS. 

6:1. Number of congressional districts. For the election of represen- 
tatives in congress, the state of Idaho is divided into two congressional 
districts. 

Hist. '17, c. 121, § 1, p. 408, rewritten. 

6:2. First congressional district. The first congressional district com- 
prises the counties of Adams, Benewah, Boise, Bonner, Boundary, Canyon, 
Clearwater, Custer, Gem, Idaho, Kootenai, Latah, Lemhi, Lewis, Nez 
Perce, Payette, Shoshone, Valley, Washington and counties hereafter 
created therefrom. 

Hist. '17, c. 121, § 2, p. 408, rewritten; new 
counties inserted and all counties arranged alpha- 
betically. 

6:3. Second congressional district. The second congressional district 
comprises the counties of Ada, Bannock, Bear Lake, Bingham, Blaine, 
Bonneville, Butte, Camas, Cassia, Elmore, Franklin, Fremont, Gooding, 
Jefferson, Lincoln, Madison, Minidoka, Oneida, Owyhee, Power, Teton, 
Twin Falls and counties created therefrom. 

Hist. '17, c. 121, § 2, p. 408, rewritten ; new 
counties inserted and all counties arranged alpha- 
betically. 

6:4. Residence of candidates within district. All candidates for elec- 
tion as representatives in congress shall be residents of the congressional 
district from which they seek such election. 

Hist. ' 17, c. 121, § 4, p. 409. 

CHAPTER 7. 

CESSIONS TO THE FEDERAL GOVERNMENT. 

§ 27. Cession to the United States. Pursuant to article 1, section 8, 
paragraph 17, of the constitution of the United States, consent to purchase 
is hereby given, and exclusive jurisdiction ceded, to the United States over 
and with respect to all lands embraced within the military posts and reser- 
vations of Fort Sherman and Boise Barracks, together with such other 
lands in the state as may be now or hereafter acquired and held by the 
United States for military purposes, either as additions to the said posts 
or as new military posts or reservations which may be established for the 
common defense ; and, also, all such lands within the state as may be in- 
cluded in the territory of the Yellowstone National Park, reserving, how- 
ever, to this state a concurrent jurisdiction for the execution, upon said 

35 



C. 7 § 28 POLITICAL DIVISIONS 

lands, or in the buildings erected thereon, of all process, civil or criminal, 
lawfully issued by the courts of the state, and not incompatible with this 
cession. 

Hist. R. C. § 27 ; '90-91, p. 40, § 1, reenacted 
'99, p. 22, § 1. 

§ 28. Consent to purchases by United States. Consent is given to any 
purchase already made, or that may hereafter be made, by the government 
of the United States, of any lots, or tracts of land, within this state, for 
the use of such government, and to erect thereon and use such buildings, 
or other improvements, as may be deemed necessary by said government; 
and over such lands and the buildings, or improvements, that are, or may 
be, erected thereon, the said government shall have entire control and 
jurisdiction, except that the state shall have jurisdiction to execute thereon 
all process, civil or criminal, lawfully issued by the courts of this state, 
and not incompatible with this cession. 

Hist. R. C, § 28 ; '95, p. 21, § 1, reenacted '99, 
P. 235, § 1. 



36 



TITLE II. STATE OFFICERS. 

CHAPTER 8. 
CLASSIFICATION AND TERM OF OFFICE. 

§ 31. Classification of officers. The public officers of this state are 
classified as follows: 

1. Legislative; 

2. Executive ; 

3. Judicial ; 

4. Ministerial officers and officers of the courts. 

But this classification is not to be construed as defining the legal pow- 
ers of either class. 

Hist. R. C, § 31 ; R. S., § 110. Cross ref. Classification by Const. II, 1. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 220; Cited: S. v. Gifford 1912) 22 I. 613, 633. 126 P. 

Kerr's C ib. 1060. 

§ 32. Commencement of term of office. The regular term of office 
of state and district officers, and of the judges of the supreme and district 
courts, shall commence on the first Monday of January next after their 
election. 

Hist. R. C, § 32; '90-'91, p. 57, § 13; '99, p. 67, Other officers: The term of members of congress 

§ 1. begins on March 4th, and presidential electors have 

Cross ref. Commencement of term of state exec- n . c regular terms of office, but discharge their dil- 
utive offipprs- Cnnt TV 1 ties at one meeting. S. v. Gifford (1912) 22 I. 613, 
uuve omcers. ^oni. iv, i. 126 p 106Q 

§ 32a. Holding office after expiration of term. Every officer elected 
or appointed for a fixed term shall hold office until his successor is elected 
or appointed and qualified, unless the statute under which he is elected 
or appointed expressly declares the contrary. This section shall not be 
construed in any way to prevent the removal or suspension of such officer, 
during or after his term, in cases provided by law. 

Hist. R. C, § 32a; '90-'91, p. 57, § 172, reenact- Right to hold over: The right of the incumbent 

ed '99, p. 67, § 5. to hold office until his successor is elected and qual- 

Comp. leg.— N. D. Similar: R. C, § 764. See ified is as much a part of the estate in the office 

Clark v. Wonnacott (1917) 30 I. 98, 162 P. 1074. as the original term. P. v. Green (1869) 1 I. 235. 

Constitutionality: This section is not in conflict Where no election held: A general election can 

with Const. XVIII, 6, providing for biennial elec- only be held biennially and so if it is not held on 

tion of county officers. Clark v. Wonnacott (1917) the <* ay £ xe< * by law « ^^ c * n be no ° th " general 

30 I 98 162 P 1074 election for two years thereafter ; and, in the mean- 

-.'.*.. ' ,.1 . , , time the old officers will hold until their successors 

Death before qualification: The death of a per- are e i ec ted and qualified. McGrane v. Nez Perce 

son elected to an office before he qualifies does not Co (1910) 18 I. 714, 112 P. 312, Ann. Cas. 1912A 

constitute a vacancy in that office. Clark v. Won- ks 32 L R A (N S ) 730 

nacott (1917) 30 I. 98, 162 P. 1074. ' ' ' ' 

CHAPTER 9. 
LEGISLATIVE OFFICERS. 

ARTICLE 1. 
CONSTITUTION AND ASSEMBLY OF LEGISLATURE 

Note: Legislature to meet biennially on the first Monday after the first day of January: 
Const. Ill, 8. Extra sessions to be called by governor: Const. IV, 9. 

§ 33. Constitution of legislature. The legislature consists of a sen- 
ate and house of representatives, the members of which are elected from 
the respective senatorial and representative districts, as denned by chap- 
ter 4 of this code, by the qualified electors of said districts. 

Hist. R. C. § 33, compiled from Cont. Ill, 1, 2, Cross ref. Investiture of legislative power: 

and R. S., § 115. Const. Ill, 1. 

37 



C. 9 § 34 STATE OFFICERS 

§ 34. Terms of Members. The senators and representatives shall 
be elected for the term of two years from and after the first day of De- 
cember next following the general election. 

Hist. R. C, § 34; '90-'91, p. 57, § 14, reenacted Cross ref. Constitutional provisions: Const. Ill, 

'99, p. 67, § 2. 3. Qualifications of senators and representatives: 

Comp. leg. — Cal. A senator's term is four years: Const. Ill, 6. 
Pol. C. 1872, § 226; Kerr's C. ib. 

§ 35. Certificate of election. The certificate of election is prima 
facie evidence of the right to membership. 

Hist. R. C, § 35 ; R. S., § 121. Cross ref. Secretary of state to make out certifi- 

Comp. leg.— Cal. Same except "primary" for fates of election : § 455. Secretary of state to lay 

"prima facie": Pol. C. 1872, § 236; now same as before each house a list of members elected: § 456. 

amended : Kerr's C. ib. 

§ 36. Organization of legislature. At the hour of twelve o'clock M., 
on the day appointed for the meeting of any regular session of the legis- 
lature, the presiding officer, or in his absence the chief clerk, of each house 
of the last session, must call the same to order and preside until a pre- 
siding officer is chosen, or in case of the absence of both of said officers, 
the senior member present must perform said duties; all members-elect 
present having certificates of election from the secretary of state, and no 
other persons, have the right to participate in the organization of the 
respective houses. Neither house must organize or transact any business, 
but must adjourn from day to day, until a majority of all the members 
authorized by law to be elected are present. 

Hist. R. C, § 36 ; R. S., § 122; '99, p. 33, § 99. Cited: (Dis. op.) Burkhart v. Reed (1889) 2 I. 

Comp. leg. — Cal. Separate provisions for senate ^ 03 ' 22 **• *• 
and assembly: Pol. C. 1872, §§ 238-9; Kerr's C. ib. 

§ 37. Who may administer oaths. The president and president 
pro tem, of the senate, and the speaker and speaker pro tern, of the house, 
may administer the oath of office to any member, and to the officers of 
their respective bodies. The members of any committee may administer 
oaths to witnesses in any matter under examination. 

Hist. R. C, § 37 ; R. S., § 123. 
Comp. leg.— Cal. Similar: Pol. C. 1872, § 252; 
Kerr's C. ib. 

ARTICLE 2. 
CONTESTED ELECTIONS 

§ 39. Grounds of contest. The election of any person to any legis- 
lative or state executive office may be contested: 

1. For malconduct, fraud or corruption on the part of the judges of 
election in any precinct, township or ward, or of any board of canvassers, 
or any member of either board sufficient to change the result ; 

2. When the incumbent was not eligible to the office at the time of 
the election; 

3. When the incumbent has been convicted of felony, unless at the 
time of the election he shall have been restored to civil rights ; 

4. When the incumbent has given or offered to any elector, or any 
judge, clerk, or canvasser of the election, any bribe or reward in money, 
property, or anything of value, for the purpose of procuring his election; 

5. When illegal votes have been received or legal votes rejected at 
the polls sufficient to change the result; 

6. For any error in any board of canvassers in counting votes or in 
declaring the result of the election, if the error would change the result; 

7. When the incumbent is in default as a collector and custodian 
of public money or property; 

8. For any cause which shows that another person was legally elected. 

Hist. '09, p. 333, S. B. 116 ; R. S., § 5026 ; '90- Comp. leg. — Neb. See Cobbey's Ann. Stat. Vol. 

'91, p. 57, § 132, reenacted '99, p. 33, § 119 ; R. C. 2, § 5665. 
§ 39. Duplicates § 5026, which is the broader sec- 
tion. 

38 



LEGISLATIVE OFFICERS C. 9 § 46 

§ 40. Incumbent defined. The term "incumbent" as used in the 
preceding section means the person whom the canvassers declare elected. 

Hist. R. 0., § 40 ; '90-'91, p. 57, § 133, reenacted 
'99. p. 33, § 120. Duplicates § 5027. 

§ 41. Misconduct: When sufficient to vitiate election. When the 
misconduct complained of is on the part of the judges of election, it shall 
not be held sufficient to set aside the election unless the vote of the pre- 
cinct, township or ward would change the result as to that office. 

Hist. R. C, § 41 ; '90-'91, p. 57, § 134, reenacted 
'99, p. 33, § 121. Duplicates § 5028. 

§ 42. Jurisdiction: Contests over executive offices. The legisla- 
ture, in joint meeting, shall hear and determine cases of contested elec- 
tion for all officers of the executive department. The meeting of the two 
houses to decide upon such elections shall be held in the house of repre- 
sentatives, and the speaker of the house shall preside. 

Hist. R. C, § 42; '90-91, p. 57, § 135, reenacted Primary election: It is clear that there is no such 

'99, p. 33, § 122. thing as a contest provided for by the primary elec- 

Comp. leg.— Neb. See Cobbey's Ann. Stat. Vol 2, tion law for the office of governor, because can- 
k 5668. tests for governor take place before the legislature 

n-t j tt 1.1 r» n /ioao\ n t mo nn t> nco meets. Lansdon v. S. Bd. of Canvassers M910) 18 

Cited: Hertle v. Ball (1903) 9 I. 193, 72 P. 953. j 596 605 ^ p 133 

§ 43. Same: Contests over legislative offices. The senate and 
house of representatives shall severally hear and determine contests of 
the election of their respective members. 

Hist. R. C. § 43; '90-91, p. 57, § 136, reenacted Cross ref. Each house is the judge of the election, 

'99, p. 33, § 123. qualifications, and returns of its members: Const. 

Comp. leg. — Neb. See Cobbey's Ann. Stat. Vol. in - 9 - 

2, § 5670. Cited: Hertle v. Ball (1903) 9 I. 193, 72 P. 953. 

§ 44. Notice of contest. Whenever any elector of this state chooses 
to contest the validity of the election of any of the officers of the execu- 
tive department of the state, or whenever any elector of the proper county 
or district chooses to contest the election of any member of the legislature 
from such county or district, such person shall give notice thereof, in 
writing, and leave a copy thereof with the person whose election he in- 
tends to contest, within twenty days after the election (if the person can- 
not be found in his district, then a copy to be left at his last place of resi- 
dence in the district), naming the points on which the election shall be 
contested, and the name of some person authorized by law to administer 
oaths, selected by him to take the depositions, and the time and place for 
the taking of the same ; the adverse party may also select one such per- 
son on his part to attend at the time and place of taking such depositions. 

Hist. R. C, § 44; '90-'91, p. 57, § 140, reenacted Comp. leg.— Neb. See Cobbey's Ann. Stat. Vol. 

'99, p. 33, § 127. 2, § 5674. 

§ 45. Service of notice: Examination of witnesses. The notice 
provided for in the preceding section shall be served at least ten days 
before the day fixed for the taking of depositions. The said two persons 
selected as aforesaid to take the depositions shall proceed jointly, or in 
default of either one of such persons to attend at the time and place fixed 
upon, the one attending shall proceed, to hear and reduce to writing the 
testimony of all witnesses who may be produced by either of said par- 
ties, and may adjourn from day to day until all said testimony shall have 
been taken and reduced to writing : Provided, That such testimony shall 
be finally closed on or before the 29th of December following. 

Hist. R. C, § 45, '90-91, p. 57, § 141, '99, § 33, Comp. leg.— Neb. See Cobbey's Ann. Stat. Vol. 

p. 128. 2, Sec. 5675. 

§ 46. Subpoenas: Application for. When any contestant or re- 
turned member is desirous of obtaining testimony respecting a contested 
election, he may apply for a subpoena to any district judge of the state, 
or to the probate judge, or any justice of the peace, notary public, mayor, 

39 



C. 9 § 47 STATE OFFICERS 

recorder, or other civil officer authorized to administer oaths within the 
county where the witness resides or may be found. 

Hist. R. C., § 46; '81, p. 257, § 13 ; R. S., § 131. 

Comp. leg.— Cal. See Pol. C. 1872, § 277 ; Kerr's 
C. ib. 

§ 47. Same: How issued. The officer to whom the application au- 
thorized by the preceding section is made, must thereupon issue his writ 
of subpoena, directed to all such witnesses as are named to him, requir- 
ing their attendance before the officer named in the notice, at some time 
and place named in the subpoena, in order to be examined respecting the 
contested election. 

Hist. R. C, § 47 ; '81, p. 257, § 14 ; R. S., § 132. 

§ 48. Disobedience of subpoena: Penalty. Any person who, having 
been summoned in the manner above directed, refuses or neglects to at- 
tend and testify, unless prevented by sickness or unavoidable necessity, 
forfeits the sum of twenty dollars, to be recovered, with costs of suit, by 
the party at whose instance the subpoena was issued, and for his use, and 
is guilty of a misdemeanor. 

Hist. R. C, § 48 ; '81, p. 257, § 16 ; R. S., § 134. 

§ 49. Production of papers. The officers have power to require the 
production of papers ; and on the refusal or neglect of any person to pro- 
duce and deliver up any paper or papers in his possession pertaining to 
the election, or to produce and deliver up certified or sworn copies of the 
same in case they be official papers, such person is guilty of a misde- 
meanor. 

Hist. R. C, § 49 ; '81, p. 257, § 19 ; R. S., § 137. 

§ 50. Witnesses' fees and mileage. Every witness attending by 
virtue of any subpoena herein directed to be issued is entitled to receive 
the sum of two dollars for each day's attendance, and the further sum of 
twenty-five cents for every mile necessarily traveled in going and return- 
ing. Such allowance must be ascertained and certified by the officer tak- 
ing the examination, and paid by the party at whose instance such wit- 
ness was summoned. 

Hist. R. C, § 50 ; '81, p. 257, § 20 ; R. S., § 138. 

§ 51. Testimony: How taken, certified and preserved. No testi- 
mony shall be received by the person officiating at the taking of the depo- 
sitions on the part of the contestant which does not relate to the points 
specified in the notice, a copy of which notice shall be delivered to the 
person or persons so officiating, and said testimony, together with a copy 
of the notice, when taken, shall be certified by the person or persons be- 
fore whom the same is taken, enveloped, sealed up, indorsed "Deposition 
taken in the matter of the contest of the election of A. B. to the office of 

," and directed to the secretary of state, who shall preserve the 

same, unopened, till the meeting of the legislature. 

Hist. R. C, § 51 ; '90-'91, p. 57, § 142, reenacted 
'99, p. 33, § 129. 

Comp. leg. — Neb. See Cobbey's Ann. Stat. Vol. 
2, § 5676. 

§ 52. Examination of poll books and ballots. If, at the time of tak- 
ing depositions to be used before the legislature, or either branch thereof, 
in the case of a contested election, the notice shall allege that it is neces- 
sary for the determination of such contest that the ballots or the poll 
books of any election district or districts should be inspected, the officer 
or officers before whom such depositions shall be taken shall, on the re- 
quest of either party to the contest, issue an order requiring the county 
auditor, or other person in whose custody or possession the ballots or poll 

40 



LEGISLATIVE OFFICERS C. 9 § 58 

books may be, naming the district or districts mentioned in the notice, to 
deliver them to the person or persons therein named, who shall deliver 
them to the person or persons issuing such order. Such officer or officers 
shall transmit such ballots or poll books, unopened, in the same envelope 
with the depositions, as provided in the preceding section. 

Hist. R. C, § 52; '90-91, p. 57, § 143, reenacted Comp. leg.— Neb. See Cobbey's Ann. Stat Vol 

'99, p. 33, § 130. 2, § 5677. 

§ 53. Fees of officers. Officers performing services, in a contested 
election case, may charge and collect from the party at whose instance 
such services were performed, the same fees as are allowed for similar 
services in civil cases. 

Hist. R. C, § 53; '81, p. 257, § 21 ; R. S. § 139. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 280; 
Kerr's C. ib. 

§ 54. Contest papers delivered to presiding officers. On the sec- 
ond day of the organization of the legislature, the secretary of state shall 
deliver to the speaker of the house all papers relating to the contested 
elections of executive officers, and to the presiding officers of each house, 
all papers relating to contested elections of the members of their respec- 
tive houses. 

Hist. R. C. § 54 ; '90-*91, p. 57, § 144, reenacted Comp. leg.— Neb. See Cobbey's Ann. Stat. Vol. 

'99, p. 33, § 131. 2, § 5678. 

§ 55. Same: Notice of receiving papers. Upon the reception, by 
such presiding officers, of papers relating to contested elections, they shall 
immediately give notice to their respective houses that such papers are 
in their possession. Where the papers relate to the contest of a state 
executive officer, the house of representatives shall notify the senate, and 
a day shall be fixed by both houses, by concurrent resolution, for the 
uniting of the two houses to decide upon the same, in which decision the 
yeas and nays shall be taken and entered upon the journal. 

Hist. R. C, § 55 ; *90-'91, p. 57, § 145, '99, p. 33, Comp. leg.— Neb. See Cobbey's Ann. Stat. Vol. 2, 

§ 132. § 5679. 

§ 56. Opening and custody of papers. The papers relating to any 
such contest shall be opened only in the presence of the body by the pre- 
siding officer, to whom the same shall be delivered. If ballots or poll 
books are contained therein, they shall, after being opened, remain in 
the custody of such presiding officer, subject to the inspection of the 
members, unless they shall by vote be temporarily committed to the 
chairman of a committee, in which case such chairman shall return them 
to the proper presiding officer; and they shall, upon the decision of the 
contest, be again sealed up in an envelope, and returned by mail or other- 
wise to the office of the county auditor in which they were first required 
to be filed. 

Hist. R. C, § 56 ; '90-'91, p. 57, § 146, reenacted Comp. leg. — Neb. See Cobbey's Ann. Stat. Vol. 

'99, p. 33, § 133. 2, § 5680. 

§ 57. Preservation of evidence. All the evidence in any contest pro- 
vided for in the last preceding section, except ballots or poll books, shall, 
after a decision thereof, be preserved in the office of the secretary of state. 

Hist. R. C, § 57 ; '90-'91, p. 57, § 147, reenacted Comp. leg. — Neb. See Cobbey's Ann. Stat. Vol. 

'99, p. 33, § 134. 2, $ 5681. 

ARTICLE 3. 
ATTENDANCE OF WITNESSES BEFORE LEGISLATURE. 

§ 58. Subpoena for witnesses. A subpoena requiring the attendance 
of any witness before either house of the legislature, or a committee 
thereof, may be issued by the president of the senate, speaker of the 
house, or the chairman of any committee before whom the attendance of 
the witness is desired; and it is sufficient if: 

41 



C. 9 § 59 STATE OFFICERS 

1. It states whether the proceeding is before the senate or house, or 
a committee; 

2. It is addressed to the witness ; 

3. It requires the attendance of such witnesses at a time and place 
certain ; 

4. It is signed by the president of the senate, speaker of the house, 
or chairman of a committee. 

Hist. R. C. § 58 ; R. S., § 145. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 300; 
Kerr's C. ib. 

§ 59. Service of subpoenas. The subpoena may be served by any 
person who might be a witness in the matter, and his affidavit that he 
delivered a copy to the witness is evidence of service. 

Hist. R. C, § 59 ; R. S., § 146. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 301; 
Kerr's C. ib. 

§ 60. Refusal to obey subpoena a contempt. If any witness neg- 
lects or refuses to obey such subpoena, or appearing, refuses to testify, 
the senate or house may, by resolution entered on the journal, commit 
him for contempt. 

Hist. R. C, § 60 ; R. S., § 147. Cross ref. Neglect of witness to obey subpoena is 

Comp. leg.— Cal. Similar: Pol. C. 1872, § 302; a misdemeanor: § 6414. 
Kerr's C. ib. 

§ 61. Compelling attendance. Any witness neglecting or refusing 
to attend in obedience to subpoena, may be arrested by the sergeant-at- 
arms, and brought before the senate or house. The only warrant of 
authority necessary to authorize such arrest is a copy of a resolution of 
the senate or house, signed by the presiding officer, and countersigned by 
the clerk. 

Hist. R. C, § 61 ; R. S., § 148. 

Comp. leg.— Cal. Similar: Pol. C 1872, § 303; 
Kerr's C. ib. 

§ 62. Self -criminating testimony may be exacted. No statement 
made by any such witness on such examination before either house, or a 
committee, is competent evidence in any criminal proceeding against such 
witness; nor can such witness refuse to testify to any fact or to produce 
any paper, touching which he is examined, for the reason that his tes- 
timony or the production of such paper may tend to disgrace him, or 
render him infamous. Nothing in this section exempts any witness 
from prosecution and punishment for perjury committed by him on such 
examination. 

Hist. R. C, § 62; R. S., § 149. 

Comp. leg.— Cal. Similar: Pol. C 1872, § 304; 
Kerr's C. ib. 

ARTICLE 4. 
ENACTMENT OF LAWS AND JOURNAL. 

Note: Constitutional provisions governing the enactment of laws: Const. Ill, 14-22. 

§ 63. Indorsement of bills. Every bill must, as soon as delivered to 
the governor, be indorsed as follows : "This bill was received by the gov- 
ernor this day of , nineteen ." 

Hist. R. C, § 63; R. S., § 150. vate secretary of the governor": Pol. C 1872, § 

Comp. leg.— Cal. Same with the addition of the 309 '> Kerr's C ib. 
words, "The indorsement must be signed by the pri- 

§ 64. Approval of bills. When the governor approves a bill he must 
set his name thereto, with the date of his approval. 

Hist. R. C, § 64 ; R. S., § 151. 

Comp. leg.— Cal. Same: Pol. C 1872, § 310, as 
amended : Kerr's C. ib. 

42 



LEGISLATIVE OFFICERS C. 9 § 67a 

§ 65. Passage of bills over veto: Authentication. When a bill has 
passed both houses of the legislature, and is returned by the governor 
without his signature and with objections thereto, and upon a reconsider- 
ation passes both houses by a two-thirds vote, it must be authenticated 
as having become a law by a certificate indorsed thereon, or attached 
thereto, in the following form: 

"This bill having been returned by the governor with his objections 
thereto, and after reconsideration having passed both houses, by a two- 
thirds vote, it has become a law this day of , A. D. " 

which indorsement, signed by the president of the senate and speaker of 
the house, is a sufficient authentication thereof. Such bill must then be 
deposited with the laws, in the office of the secretary of state. 

Hist. R. C, § 65 ; R. S., § 152. Cross ref. Veto power of governor: Const. IV, 

Comp. leg. — Cal. See Pol. C. 1872, § 311; as 10 - Disapproval of apropriation bills: Const. IV*, 
amended: Kerr's C. ib. !!• 

§ 66. Return of bill during adjournment. If, on the day the gov- 
ernor desires to return a bill without his approval and with his objections 
thereto to the house in which it originated, that house has adjourned for 
the day (but not for the session), he may deliver the bill with his mes- 
sage to the presiding officer, clerk, or any member of such house, and 
such delivery is as effectual as though returned in open session, if the 
governor, on the first day the house is again in session, by message no- 
tifies it of such delivery, and of the time when, and the person to whom, 
such delivery was made. 

Hist. R. C, § 66 ; R. S., § 153. 

Comp. leg.— Cal. Similar: Pol. C. 1872, § 312; 
Kerr's C. ib. 

§ 67. Bills not returned. Every bill which has passed both houses 
of the legislature, and has not been returned by the governor within 
five days, thereby becoming a law, is authenticated by the governor caus- 
ing the fact to be certified thereon by the secretary of state in the follow- 
ing form: "This bill having remained with the governor five days (Sun- 
days excepted), and the legislature being in session, it has become a law 

this day of , A. D. " which certificate must be signed 

by the secretary of state and deposited with the laws in his office. Where 
the legislature, by adjournment, prevents the return of a bill, the gov- 
ernor, if he disapproves thereof, shall file the same, with his objections, 
in the office of the secretary of state within ten days after said adjourn- 
ment (Sundays excepted) or the same shall become a law. 

Hist. R. C, § 67 ; ■ R. S., § 154, modified by Comp. leg. — Cal. First part same except "ten 

Const. IV, § 10. days" for "five days": Pol. C. 1872, § 313; Kerr's 

C. ib. 

§ 67a. Designation of laws by chapters. Each act of the legisla- 
ture shall, on becoming a law, be designated as "Chapter of the 

Laws of ," adding its chapter number and the year in which it 

becomes a law ; and in respect to each session of the legislature, the laws 
enacted at such session shall be numbered consecutively in the order, as 
nearly as may be practicable, in which they become laws, each year hav- 
ing its own independent series of consecutive chapter numbers. When- 
ever a bill has been duly certified as having become a law and has been 
deposited with the laws in the office of the secretary of state, as provided 
by law, it shall be the duty of the secretary of state to designate such law 
by its appropriate chapter number, as hereinbefore provided, and to mark 
such designation upon such law ; and thereafter, such law, whenever cited, 
enumerated, referred to or amended, may be designated simply as "Chap- 
ter of the laws of ," adding its chapter number and the year 

in which it became a law. 

Hist. '11, c. 59, § 1, p. 159. 

43 



C. 9 § 68 STATE OFFICERS 

§ 68. Proposal of constitutional amendments. Amendments to the 
constitution may be proposed by joint resolution in either house of the 
legislature of this state, and if the same shall be voted for by two-thirds of 
all the members of each of the two houses, voting separately, in the man- 
ner provided by section 1, of article 20, of the constitution, the amend- 
ment or amendments proposed shall be submitted to the electors of this 
state for adoption or rejection in the manner provided by the election 
laws of the state. 

Hist. R. C, § 68 ; '90-'91, p. 229, § 1, reenacted Cross ref. Advertisement of proposed constitu- 

'99, p. 162, § 1. tional amendments: § 356. Form of ballot: § 405. 

§ 69. Enrollment and preservation of amendments. Whenever any 
amendments to the constitution shall have been proposed to and adopted 
by the electors of this state, as by this and the preceding sections pro- 
vided, the same shall be enrolled and numbered in the order of time in 
which they may be adopted, and preserved by the secretary of state 
among the public records of his office. 

Hist. R. C, § 69 ; '90-'91, p. 229, § 2, reenacted 
'99, p. 162, § 2. 

§ 70. Printing of legislative journals. Before the assembling of 
each session of the legislature, the secretary of state shall provide, in the 
same manner as for other public printing, for the printing of the jour- 
nals of the two houses of the legislature. They shall be printed in super 
royal octavo form, in neat eight-point type, with at least two thousand 
four hundred ems in a page, without any unnecessary leads, blank or 
broken lines or pages. Three hundred and fifty copies of the said jour- 
nals shall be printed daily during the sessions of the legislature in the 
same form as herein provided ; said copies to be bound in pamphlet form 
without covers, and the portions of the journal of the senate shall pre- 
cede the portions of the journal of the house of representatives in the 
pamphlets. Said pamphlets shall be placed daily, one on the desk of each 
senator and member of the house of representatives, and one to each 
head of a department of the state government; and of those remaining, 
one-third shall be distributed by the members of the senate, under the 
direction of the secretary of the senate, and two-thirds shall be distrib- 
uted by the members of the house of representatives under the direction 
of the clerk of the house : Provided, That as rapidly as possible the usual 
number of sheets, not exceeding two hundred and fifty, for the bound 
and permanent copies of the said journals, shall be printed and retained 
for binding at such times as the indexes therefor are prepared and 
printed. 

Hist. R. C, § 70 ; '07, p. 327, § 1. 

ARTICLE 5. 
OPERATION OF LAWS 

§ 71. Statutes and resolutions: When effective. No act shall take 
effect until sixty days from the end of the session at which the same shall 
have been passed except in case of emergency, which emergency shall be 
declared in the preamble or body of the law. 

Every joint resolution, unless a different time is prescribed therein, 
takes effect from its passage. 

Hist. R. C, § 71 ; R. S., §§ 155, 156, modified by Cited: Gillesby v. Comrs. of Canyon Co. (1910) 

Const. Ill, 22. 17 I. 586, 107 P. 71; Nims v. Gilmore (1910) 17 I. 

Corap. leg. — Cal. Same as to joint resolutions. *>09, 107 P. 79. 

Statutes take effect sixty days from passage : Pol. Cross ref. Constitutional provision : Const. Ill, 

C. 1872, §§ 323, 324 ; Kerr's C. ib. 22. 

§ 72. Effect of Amendment. Where a section or part of a statute is 
amended, it is not to be considered as having been repealed and reenacted 
in the amended form; but the portions which are not altered are to be 

44 



LEGISLATIVE OFFICERS C. 9 § 78 

considered as having been the law from the time when they were enacted, 
and the new provisions are to be considered as having been enacted at 
the time of the amendment. 

Hist. R. C, § 72; R. S. ( § 157. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 325; 
Kerr's C. ib. 

§ 73. Repeal of repealing act. No act or part of an act, repealed by 
another act of the legislature, is revived by the repeal of the repealing 
act without express words reviving such repealed act or part of an act. 

Hist. R. C, § 73; '75, p. 858, § 1 ; R. S., § 158. 

§ 74. Repeal of penal law. The repeal of any law creating a crim- 
inal offense does not constitute a bar to the indictment and punishment of 
an act already committed in violation of the law so repealed, unless the in- 
tention to bar such indictment and punishment is expressly declared in the 
repealing act. 

Hist. R. C, § 74 ; '75, p. 858, § 2 ; R. S., § 159. preserves in force, in order to attain that end, stat- 

Comp. leg.— Cal. Same: Pol. C. 1872, § 329; as utes providing for the punishment of offenders, 

amended : Kerr's C. ib. which are amended in such a way as to change or 

' . .. *. ,. , . increase the punishment and which would otherwise 

Construction: This section is a general saving be subject to objection as ex post facto laws. Re 

clause to insure the punishment of offenders, and Davis (1899) 6 I. 766 59 P. 544. 

ARTICLE 6. 
EMPLOYEES OF THE LEGISLATURE. 

§ 75. Employees of senate. The officers and employees of the senate 
shall consist of one secretary, one assistant secretary, one engrossing clerk, 
one assistant engrossing clerk, one enrolling clerk, one assistant enrolling 
clerk, one journal clerk, one chaplain, one sergeant-at-arms, one committee 
clerk, two pages, one doorkeeper and one janitor. 

Hist. R. C, § 75 ; '90-'91, p. 5, § 1, reenacted '99, Comp. leg.— Cal. See Pol. C 1872, § 245 ; similar 

p. 3, § 1. as amended: see Kerr's C ib. 

§ 76. Employees of the house The officers and employees of the house 
of representatives shall consist of one chief clerk, one assistant clerk, one 
enrolling clerk, one assistant enrolling clerk, one engrossing clerk, one 
assistant engrossing clerk, one chaplain, one sergeant-at-arms, one door- 
keeper, two pages, one committee clerk and one janitor. 

Hist. R. C, § 76 ; '90-'91, p. 5, § 2, reenacted '99, Comp. leg.— Cal. See Pol. C. 1872, § 246 ; as 

p. 3, § 2. amended : Kerr's C ib. 

§ 77. Compensation of employees. There shall be paid to the several 
officers and employees named in this article, for all services rendered by 
them under the provisions of this article, the following sums, and no more : 

The secretary of the senate, seven dollars per day. 

The assistant secretary of the senate, six dollars per day. 

The chief clerk of the house, seven dollars per day. 

The assistant chief clerk of the house, six dollars per day. 

All other clerks of the two houses shall receive five dollars per day. 

The sergeant-at-arms of the senate and the sergeant-at-arms of the 
house, each, six dollars per day. 

The doorkeepers of the senate and house, each, five dollars per day. 

The messengers, each, three dollars per day. 

The pages, each, three dollars per day. 

The janitors, each, four dollars per day. 

The journal clerks, each, five dollars per day. 

The chaplains, each, two dollars per day. 

Hist. R. C, § 77 ; '90-'91, p. 4, § 3, reenacted '99, Comp. leg.— Cal. See Pol. C. 1872, S 268 ; as 

p. 3 t § 3, amended: Kerr's C. ib. 

§ 78. Duties of employees. It shall be the duty of the secretary of 
the senate to attend each day, call the roll, read the journals and bills, and 
to copy or take charge of and superintend all copying necessary to be done 
for the senate. 

45 



C. 9 § 79 STATE OFFICERS 

It shall be the duty of the chief clerk of the house to attend each day, to 
call the roll, read the journal and bills, and to copy or take charge of and 
superintend all copying necessary to be done for the house. 

It shall be the duty of the assistant secretary of the senate and the 
assistant clerk of »the house to take charge of all bills, petitions and other 
papers presented to their respective houses, to file and enter the same in 
the books provided for that purpose, and perform such other duties as may 
be directed by the secretary of the senate and chief clerk of the house. 

It shall furthermore be the duty of the secretary of the senate and chief 
clerk of the house, to keep a correct record of the proceedings of each day, 
for the purpose of having such proceedings entered in the journal by the 
journal clerks of their respective houses. 

It shall be the duty of the journal clerk of the senate to record each 
day's proceedings in the journal, from which they shall be read by the sec- 
retary each day of meeting, in order that they may be authenticated by 
the signature of the president. 

It shall be the duty of the journal clerk of the house to perform all 
similar duties for the house which are required to be performed by the 
journal clerk of the senate. 

It shall be the duty of the sergeant-at-arms of the senate and the 
sergeant-at-arms of the house to give a general supervision, under the direc- 
tion of the presiding officers, of the senate and house chambers, with the 
rooms attached ; to attend during the sittings of their respective bodies, 
execute their commands, together with all such proceedings issued by 
authority thereof, as shall be directed to them by their presiding officers. 
They shall receive no other compensation for their services beyond their 
per diem, except actual expenses incurred in arrests made by them, and for 
traveling expenses for themselves or special messenger, which expenses 
so incurred shall be paid from the contingent fund of their respective 
houses: Provided, That no messenger shall be employed by any officer of 
either house unless expressly authorized so to do by the house of which he 
is an officer. They shall have power to appoint a deputy each on a vote 
of their respective houses. It shall be the duty of the deputy sergeant-at- 
arms of each house to assist the sergeant-at-arms in the performance of 
his duties. 

It shall be the duty of the doorkeeper of each house to prohibit all 
persons, except members of the legislature and state officers, employes and 
reporters and persons who may, on invitation, be entitled to seats, from 
entering within the bar of the house of which he is doorkeeper, unless upon 
invitation, and to arrest for contempt all persons outside of the bar or in 
the gallery found engaged in loud conversation, or otherwise making a 
noise, to the disturbance of their respective houses. 

It shall be the duty of the janitors to keep the furniture of their re- 
spective houses in good order, to clean and light lamps and perform such 
other duties as they may be directed to do, by the president of the senate 
or the speaker of the house. 

It shall be the duty of the chaplains to open the proceedings in their 
respective houses with prayer. 

Hist. R. C, § 78; '90-'91. p. 4, § 4, reenacted '99, Typewritten journal: The journal may be kept in 

p 3, § 4. typewriting, but the typewritten record should be 

Comp. leg.— Cal. Similar: Pol. C. 1872, §§ 253- read to the body and correction made thereon. O. A. 

260, inclusive, as amended: Kerr's C. ib. G - 05_ 06 > P- 66 - 

§ 79. Delivery of bills and papers to secretary of state. It shall be 
the duty of the secretary of the senate and chief clerk of the house, at the 
close of each session of the legislature, to mark, label and arrange all bills 
and papers belonging to the archives of their respective houses, and to 

46 



EXECUTIVE AND ADMINISTRATIVE C. 10 § 86 

deliver the same, together with all the books of both houses, to the secretary 
of state, who shall certify to the reception of the same ; and upon the pro- 
duction of said certificate to the state auditor, the auditor is authorized and 
directed to draw his warrant upon the treasurer in favor of the above 
named parties for the sum of twenty-five dollars each, and the treasurer is 
authorized to pay the same out of any money in the general fund not other- 
wise appropriated. 

Hist. R. C, § 79 ; '90-'91, p. 4, § 5, reenacted '99, he has done this, it will be presumed that he has 

p. 3, § 5. done it correctly, and the supreme court will not en- 

Comp. leg.— Cal. Similar: Pol. C. 1872, § 261; *«ta{n. by mandamus proceedings, the question 

Kerr's C ib whether the papers so delivered to the secretary are 

r t .*. ., . T , . ,, , . f 4 , , , correct or not. Burkhart v. Reed (1889) 2 I. 503, 

Review of clerks acts: It is the duty of the clerk 2 2 P. 1 ; aff. 134 U. S. 361, 10 S. C. R. 573, 33 L. 

to make up such records as he deems proper to be de- e( j g^g 
livered to the secretary and to deliver the same. If 

§ 80. Election of officers and employees. All officers and employees 
of the senate and house provided for in this article shall be elected by the 
senate and house, respectively. 

Hist. R. C, § 80; '90-'91, p. 4, § 6, reenacted '99, Comp. leg.— Cal. Similar: Pol. C. 1872, § 247; 

p. 3, § 6. additional provision as amended : Kerr's C. ib. 

§ 81. Assistants to aid in copying bills. The president of the senate 
and the speaker of the house may direct the assistant enrolling clerk and 
the assistant engrossing clerk to aid in copying bills, messages or other 
lengthy documents, when they are not otherwise employed. 

Hist. R. C, § 81 ; '90-*91, p. 4, § 7, reenacted '99, 
P. 3, § 7. 

§ 82. Removal of officers and employees. Any of the officers and 
employees mentioned in this article may be removed by a two-thirds vote 
of the members of the house in which they are connected for failure to 
perform the duties imposed upon them by this article, or for incompetency, 
or for conduct which shall by each house be deemed improper. 

Hist. R. C, § 82 ; '90-'91, p. 4, § 8, reenacted '99, 
P. 3, § 8. 

§ 83. Additional officers and employees. No additional number of 
officers or employees of the senate or house shall be elected or appointed 
unless on a two-thirds vote. 

Hist. R. C, § 83 ; '90-'91, p. 4, § 9, reenacted '99, 
P- 3, § 9. 

§ 84. Salary begins when. The per diem of all officers fixed by this 
article shall date from the day on which they shall have been elected and 
qualified. 

Hist. R. C, § 84 ; '90-'91, p. 4, § 10, reenacted 
'99, p. 3, § 10. 

CHAPTER 10. 
EXECUTIVE AND ADMINISTRATIVE OFFICERS. 

Note The laws relating to state officers and particularly those engaged in regulative func- 
tions are scattered throughout the codes. For a complete list of state officers see index titles, 
"State Boards and Commissions" and "State Officers." 

§ 85. State executive officers enumerated. The executive depart- 
ment shall consist of a governor, lieutenant governor, secretary of state, 
state auditor, state treasurer, attorney general and superintendent of public 
instruction. 

Hist R. C. § 85, compiled from Const. IV, 1 Comp. leg.— Cal. See Pol. C. 1872, § 343; as 

(See also R. S., § 170). amended: Kerr s C. ib. 

ARTICLE 1. 
BOARD OF TRUSTEES OF CAPITOL BUILDING. 

§ 86. Board of trustees of capitol building. The governor, secretary 
of state and state treasurer shall constitute a board of trustees for the 
custody and maintenance of the capitol building and grounds. 

Hist. R. C, 86; R. S., § 172; '90-'91, p. 10, § 1, 
reenacted '99, p. 6, § 1. 



C. 10 § 87 STATE OFFICERS 

§ 87. Same : Duties of board. Said board of trustees have control 
of the capitol building and grounds with authority to receive, collect and 
receipt for all rents for the use of such parts of the building as may be 
rented by the state, and fix the amount of such rents, and execute all neces- 
sary leases and agreements. All rents so received must be paid into the 
capitol building fund as provided by section 38 of the Special and Local 
Laws. All bills for fuel, lights and water furnished for, and for necessary 
repairs to, the capitol building must, when approved and certified by the 
trustees, be audited by the board of examiners, and warrants issued there- 
for, which must be paid by the treasurer out of moneys appropriated there- 
for; but the trustees must not make or erect permanent improvements 
without special authority of the legislature. They must keep the capitol 
building insured for not less than fifty thousand dollars, in good responsible 
companies, that have complied with all of the laws of the state relating to 
fire insurance companies, and the premiums for such insurance must be 
audited and paid as aforesaid. 

Hist. R. C, § 87; R. S., § 173; '88-'89, p. 14, § 1, 
as modified by Const. IV, 18, Const. VII, 13 and 
'99, p. 134, § 6 (R. C, § 838). 

§ 88. Same : Appointment of janitor. The trustees shall have power 
to appoint a competent person for janitor, at a salary not exceeding seventy- 
five dollars per month ; the janitor to have direct supervision over the whole 
building ; take care of all the offices, halls and rooms, except legislative halls 
and supreme court chambers during sessions ; and shall attend to the warm- 
ing of the building. 

Hist. R. C, § 88 ; R. S., § 175. 

§ 89. Same : Night watchman. The trustees are empowered to em- 
ploy a competent person as night watchman, at a salary not exceeding sixty 
dollars per month ; the night watchman shall take charge of the building 
at 8 o'clock p. m. and remain in or around the building until 6 o'clock a. m. 
It shall be his duty to watch and guard the premises during the night ; to 
visit every office or room occupied during the day, at frequent intervals, 
and, when necessary, to attend to the steam heater during the night. 

Hist. R. C, § 89 ; R. S., § 176 (Act. Feb. 9, 

18S7). 

ARTICLE 2. 
GOVERNOR. 

§ 90. Duties of governor. In addition to those prescribed by the con- 
stitution, the governor has the powers, and may perform the duties, pre- 
scribed in this and the following sections : 

1. To supervise the official conduct of all executive and ministerial 
officers. 

2. To see that all offices are filled, and the duties thereof performed, or, 
in default thereof, apply such remedy as the law allows ; and if the remedy 
is imperfect, acquaint the legislature therewith at its next session. 

3. To make the appointments and supply the vacancies provided 
by law. 

4. He is the sole official organ of communication between the govern- 
ment of this state and the government of any other state or territory, or of 
the United States. 

5. Whenever any suit or legal proceeding is pending in this state, or 
which may affect the title of this state to any property, or which may re- 
sult in any claim against the state, he may direct the attorney general to 
appear on behalf of the state. 

6. He may require the attorney general or prosecuting attorney of any 
county to inquire into the affairs or management of any corporation exist- 
ing under the laws of this state. 

48 



EXECUTIVE AND ADMINISTRATIVE C. 10 § 94 

7. He may require the attorney general to aid any prosecuting attorney 
in the discharge of his duties. 

8. He may offer rewards not exceeding one thousand dollars each, pay- 
able out of the state treasury, for the apprehension of any convict who has 
escaped from the state prison, or of any person who has committed, or is 
charged with the commission of, an offense punishable with death; and 
also offer like rewards, not exceeding five hundred dollars, each, in cases 
of felony, where the offense is not punishable with death. 

9. To perform such duties respecting fugitives from justice as are 
prescribed by the Penal Code. 

10. To issue and transmit election proclamations as prescribed by law. 

11. He may require any officer to make special reports to him in writ- 
ing on demand. 

12. He has such other powers and may perform such other duties as 
are devolved upon him by any law of this state. 

Hist. R. C, § 90; R. S., § 180; '90-*91, p. 198, Com. leg.— Cal. Similar with additional provis- 

S 1, reenacted *99, p. 135, S 1. ions: Pol. C. 1872, § 380; Kerr's C. ib. 

Cross ref. For other duties see Index under 
"Governor." 

§ 91. Transmission of list of appointments. Within ten days after 
the meeting of the legislature the governor must transmit to it a list of 
all the appointments made by him and not before communicated. 

Hist. R. C, § 91 ; R. S., § 181. 

Comp. leg:.— Cal. See Pol. C. 1872, § 381 ; Kerr's 
C. ib. 

§ 92. Records of governor's office. The governor must cause to be 
kept the following records : 

1. A register of all applications for pardon or for commutation of any 
sentence, with a list of the official signatures and recommendations in favor 
of each application. 

2. A register of statements in capital cases made to him, with his 
action thereon. 

3. An account of all his disbursements of state moneys, and of all re- 
wards offered by him for the apprehension of criminals and persons 
charged with crime. 

4. A register of all appointments made by him, with date of commis- 
sion, names of appointee and predecessor. 

5. A record of all persons confined in the state prison, showing the 
name of the convict, his age and general appearance, when and where 
convicted, and of what crime, the time of his sentence, and when such 
time expires. 

Hist. R. C, § 92 ; R. S., § 182. 

Comp. leg.— Cal. Similar: Pol. C. 1872, § 382; 
Kerr's C, ib. 

§ 93. Acting governor to perform the same duties. Every provision 
in the laws of this state in relation to the powers and duties of the gov- 
ernor and in relation to acts and duties to be performed by others toward 
him, extends to the person performing for the time being the duties of 
governor. 

Hist. R. C, § 93; R. S., § 183. 
Comp. leg.— Cal. Same: Pol. C 1872, § 383; 
Kerr's C, ib. 

ARTICLE 3. 

SECRETARY OF STATE. 

§ 94. Custody of records. The secretary of state is charged with the 
custody : 

1. Of all acts and resolutions passed by the legislature. 

2. Of the journals of the legislature. 

49 



c. 10 §95 



STATE OFFICERS 



3. Of the great seal. 

4. Of all books, records, deeds, parchments, maps, and papers, kept or 
deposited in his office pursuant to law. 



Hist. R. C, § 94; R. S., § 190. 

Comp. leg.— Cal. See Pol. C. 1872, § 407 



Kerr's 



C. ib. 

Custody of journal: 



This section places no obli- 



gation upon the secretary with respect to the legis- 
lative journal except to receive the same from the 
clerk and record it. Burkhart v. Reed (1889) 2 I. 
503, 22 P. 1. 



§ 95. Duties. It is the duty of the secretary of state : 

1. To keep a register of and attest the official acts of the governor. 

2. To affix the great seal, with his attestation, to commissions, par- 
dons, and other public instruments to which the official signature of the 
governor is required. 

3. To record in proper books all conveyances made to the state, and 
all articles of incorporation of domestic corporations filed in his office. 

4. To receive and record in proper books the official bonds of all the 
officers whose bonds are required to be filed with him. 

5. To take and file in his office receipts for all books distributed by him. 

6. To furnish on demand to any person paying the fees therefor a 
certified copy of all, or any part, of any law, record, or other instrument 
filed, deposited, or recorded in his office. 

7. To present to the legislature, at the commencement of each session 
thereof, a full account of all purchases made and expenses incurred by him 
on account of the state. 

8. To designate each act of the legislature which has become a law by 
its appropriate chapter number. 

9. To publish the legislative journals, all the laws enacted and all reso- 
lutions and memorials passed by each session of the legislature and all 
amendments to the constitution. 



Hist. First seven subd., '13, c. 141, p. 502 ; R. S., 

§ 191; R. C, § 95; "09, p. 364, H. B. 284. 

Third subd. Wording slightly changed. 

Eighth subd., '11, c. 69, p. 159. 

Ninth subd., compiled from '09, p. 358, S. B. 40 ; 
'13, c. 10, § 1, p. 49 ; '13, c. 141, § 1, subd. 8, 9, 
p. 502. 

Comp. leg.— Cal. See Pol. C 1872, § 408 ; as 
amended ; Kerr's C, ib. 

Cross ref. For other duties see Index under "Sec- 
retary of State." 

Subd. 2. Refusal to issue commission: The sec- 
retary of state may refuse to issue a commission of 



appointment to a person not authorized by law to 
fill the same. Ingard v. Barker (1915) 27 I. 124, 
147 P. 293. 

Subd. 9. Amendment not received by governor: 

Mandamus denied to compel secretary of state to 
include amendment in published bill, which amend- 
ment was passed by both houses of legislature, but 
was not included in bill given to governor for sig- 
nature. Katerndahl v. Daugherty (1917) 30 I. 356, 
164 P. 1017. 

Subd. 9. Preparation of copy: The duty to pub- 
lish the laws includes the preparation of the copy. 
Anderson v. Lewis (1898) 6 I. 51, 52 P. 163. 



§ 95a. Publication of laws. In publishing the laws the secretary of 
state must proceed as follows : 

1. Advance sheets, (a) As soon as a law has been enacted and filed 
in his office, he must print the same without delay. 

(b) He must mail to each state and county officer a printed copy of 
each general law immediately after its enactment. 

2. Emergency latvs. (a) Immediately after the adjournment of each 
session of the legislature he must print a pamphlet containing all the 
emergency laws enacted at said session. 

(b) He must distribute to the clerk of the district court in each county 
at least fifty copies of the pamphlet containing the emergency laws, to be 
distributed by said clerk; and must have at least three hundred copies 
thereof for general distribution. 

3. Digest, (a) As soon as possible after the adjournment of each 
session of the legislature he must print a concise digest of all laws enacted 
at said session, giving briefly the purport of such legislation, penalties 
attached for the violation thereof, the date when the law becomes effective, 
and such other information as he may deem of interest to the general 
public. 

50 



EXECUTIVE AND ADMINISTRATIVE C. 10 § 99 

(b) He must distribute five thousand copies of the digest of laws 
among the clerks of the district courts of the several counties, whose duty 
it is immediately to distribute the same as they may deem proper through- 
out their respective counties. 

4. Session laws, (a) He must print in a book all the laws enacted 
and all resolutions and memorials passed at each session of the legislature 
and all amendments to the constitution adopted at the preceding general 
election. 

(b) He must distribute to the clerk of the district court of each county, 
to be by the sheriff distributed under the direction of the clerk, sufficient 
copies of the session laws, bound in the cheapest manner, to supply one 
copy for the board of county commissioners and one copy to each county 
officer and to each justice of the peace. 

Hist. Compiled from R. C, § 95 as amended '09, 
p. 364, H. B. 284, and '13. c. 141, § 1, p. 503; R. C, 
§ 96; '09, p. 338, S. B. 40; '13, c. 10, § 1, p. 49. 

§ 96. Distribution of statutes, etc. Immediately after the session 
laws and journals are bound, the secretary of state must distribute the 
same as follows : 

1. To each department of the government at Washington and of the 
government of this state, one copy. 

2. To the library of congress and the state library, two copies each. 

3. To each of the states and territories, one copy. 

4. To our senators and representatives in congress, and to each of the 
judges of the supreme court of this state, one copy. 

5. To each member of the legislature, at the session when such laws 
and journals were adopted, one copy. 

Hist. R. C, § 96. Subd. 6 transferred to pre- Comp. leg. — Cal. See Pol. C. 1872, § 409 ; as 

ceding section; R. S., § 192. amended: Kerr's C, ib. 

§ 97. Same: Marking books. The secretary must indelibly mark 
each book distributed to officers in this state (except legislative officers) 
with the name of the county to which, and the official designation of the 
officer to whom, it is sent. Such books remain the property of the state, 
and must be, by the officers receiving them, delivered to their successors. 

Hist. R. C, § 97; R. S., § 194; modified by '03, Comp. leg.— Cal. Same: Pol. C. 1872, § 411; 

p. 367, § 5 (R. C, § 226). Kerr's C, ib. 

§ 98. Same : Expenses, how paid. The expenses incurred by him, 
in carrying into effect the provisions of the three preceding sections, must 
be audited by the board of examiners and paid out of any moneys specially 
appropriated for that purpose. 

Hist. R. C, § 98 rewritten to include § 95a. Comp. leg.— Cal. See Pol. C. 1872, § 414 ; Kerr's 

R. S., § 195. C, ib. 

§ 99. Fees. The secretary of state, for services performed in his 
office, shall charge and collect the following fees : 

For a copy of any law, resolution, record or other document or paper 
on file in his office, 20 cents per folio. 

For affixing certificate and seal of the state, $1.00. 

For filing articles of incorporation : 

(a) When the authorized capital stock does not exceed 
$25,000.00 - .-.. - $ 10.00 

(b) When the authorized capital stock exceeds $25,000.00 

and does not exceed $50,000.00 20.00 

(c) When the authorized capital stock exceeds $50,000.00 

and does not exceed $100,000.00.... - 40.00 

(d) When the authorized capital stock exceeds $100,- 

000.00 and does not exceed $500,000.00 60.00. 

51 



C. 10 § 100 STATE OFFICERS 

(e) When the authorized capital stock exceeds $500,- 

000.00 and does not exceed $1,000,000.00 100.00 

(f) When the authorized capital stock exceeds $1,000,- 

000.00 150.00 

For filing certificates of increase of capital stock there shall be charged 
the fee hereinbefore prescribed for the total capitalization of the corpora- 
tion, less the amount already paid for filing the original articles of incor- 
poration. 

For filing certificates of all other changes in articles of incorporation 
prescribed by law, $5.00. 

For issuing each certificate of incorporation, or qualification, or in- 
crease or decrease in capital stock, $3.00. 

For receiving and recording each official bond, 20 cents per folio. 

For each commission, or other document signed by the governor and 
attested by the secretary (pardons excepted), $5.00. 

For searching records and archives of the state, $1.00. 

But no member of the legislature or state officer can be charged for 
any search relative to matters appertaining to the duties of their offices ; 
nor must they be charged any fee for a certified copy of any law or resolu- 
tion passed by the legislature relative to their official duties. 

For recording and indexing all papers and documents required by law 
to be recorded, 20 cents per folio. 

For filing and indexing any map or other paper where the fee for the 
same is not already fixed by law, $2.00. 

For filing, recording and indexing designation of agent for foreign 
corporations, $2.00. 

For searching legislative journals for records of enacted and reenacted 
laws, and certifying to the same, $5.00. 

For certifying and attaching certificate to any state law, published in 
pamphlet form, which shall include comparing the same with the enrolled 
act, $3.00. 

For any other certificate required of the secretary of state, the fee for 
which is not hereinbefore prescribed, $3.00. 

For filing, recording and indexing any label or trademark, $3.00. 

For all services not hereinbefore provided for, such fees therefor as 
may now be prescribed by law. 

All fees must be paid in advance. 

Hist. R. C, § 99 ; '01, p. 141, § 196 ; '07, p. 215, ment of the incorporation tax is valid, and its pay- 

§ 1. ment should be required of a corporation organized 

Comp. leg. — Cal. See Pol. C. 1872, § 416 ; as under the laws of another state before filing copies 

amended ■ Kerr's C ib °^ * ne articles of incorporation of said state. O. 

t * " ^' * j * • • 4-u A. G. '11-'12, p. 50. 

Incorporation tax: Our statute requiring the pay- 

§ 100. Same: Filing articles of eleemosynary corporations. The sec- 
retary of state shall charge and collect from each fraternal, religious or 
eleemosynary society or organization, or any other society or organization 
not having capital stock and not organized for the purpose of profit, a fee 
of five dollars for filing articles of incorporation and issuing certificate of 
incorporation to such society or organization, and twenty cents per folio 
for recording, and he shall make no other charge, and collect no other fee, 
for filing, and for his certificate issued to such corporation. 

Hist. R. C, § 100; '07, p. 451, § 1. 

§ 101. Official bond. The secretary of state must execute an official 
bond to the state, in the sum of two thousand dollars, and must receive no 
fees under the laws of the state until such bond, approved by the governor, 
is filed with the auditor. 

Hist. R. C, § 101 ; R. S., § 197. 

Comp. leg.— Cal. See Pol. C, § 423 ; Kerr's C, ib. 

52 



EXECUTIVE AND ADMINISTRATIVE C. 10 § 102 

ARTICLE 4. 
STATE AUDITOR. 

§ 102. Duties of auditor. It is the duty of the auditor: 

1. To superintend the fiscal concerns of the state. 

2. To report to the governor on or before the first day of December 
preceding each regular session of the legislature, a statement of the funds 
of the state, its revenues, and of the public expenditures during the two 
preceding fiscal years, together with a detailed estimate of the expendi- 
tures to be defrayed from the treasury for the two ensuing fiscal years, 
specifying therein each object of expenditure, and distinguishing between 
such as are provided for by permanent or temporary appropriations and 
such as must be provided for by a new statute, and suggesting the means 
from which such expenditures are to be defrayed. 

3. To accompany his biennial report with tabular statements, show- 
ing: 

(a) The amount of each appropriation for the two preceding fiscal 
years, the amounts expended, and the balance, if any. 

(b) The amount of revenue chargeable to each county for such years, 
the amount paid, and the amount unpaid or due therefrom. 

4. When requested, to give information in writing to either house of 
the legislature relating to the fiscal affairs of the state or the duties of his 
office. 

5. To suggest plans for the improvement and management of the 
public revenues. 

6. To keep and state all accounts in which the state is interested. 

7. To keep an account of all warrants drawn upon the treasurer, and 
a separate account under the head of each specified appropriation, showing 
at all times the unexpended balance of such appropriation. 

8. To keep an account between the state and the treasurer, and therein 
charge the treasurer with the balance in the treasury when he came into 
office, and with all moneys received by him, and credit him with all war- 
rants drawn on and paid by him. 

9. To keep a register of warrants, showing the fund upon which they 
are drawn, the number, in whose favor, for what service, the appropria- 
tion applicable to the payment thereof, when the liability accrued, and a 
receipt from the person to whom the warrant is delivered. 

10. To examine and settle the accounts of all persons indebted to the 
state, and to certify the amount to the treasurer, and upon the presentation 
and filing of the treasurer's receipt therefor to give such person a discharge 
and charge the treasurer therewith. 

11. In his discretion to require any person presenting an account for 
settlement to be sworn before him, and to answer, orally or in writing, 
as to any facts relating to it. 

12. To require all persons who have received any moneys belonging 
to the state and have not accounted therefor to settle their accounts. 

13. To direct and superintend the collection of all moneys due the ,£ 
state, and institute suits in its name for all official delinquencies in relation 

to assessment, collection and payment of the revenue, and against persons 
who by any means have become possessed of public money or property and 
fail to pay over or deliver the same, and against all debtors of the state, of 
which suits the courts of Ada county have jurisdiction, without regard to 
the residence of the defendants. 

14. To draw warrants on the treasurer for the payment of moneys 
directed by law to be paid out of the treasury ; but no warrant must be 
drawn unless authorized by law. Every warrant must be drawn upon the 

53 



C. 10 § 103 STATE OFFICERS 

fund out of which it is payable, and specify the service for which it is 
drawn, and when the liability accrued. 

15. To furnish the state treasurer with a list of warrants drawn upon 
the treasury. 

16. To have printed and forwarded to the treasurer of each county 
blank state licenses. 

17. To authenticate with his official seal all drafts and warrants drawn 
by him, and all copies of papers issued from his office. 

18. To charge the state treasurer with money and evidences of in- 
debtedness received from and credit him for money drawn by the state 
board of land commissioners in the funds over which said board has 
control. 

19. To act ex officio as secretary of the state board of examiners in 
the performance of such duties as are prescribed by law for such officer. 

20. To act ex officio as state examiner in the performance of such 
duties as are prescribed by law for such officer. 

Hist. First seventeen subds. R. C, § 102; based Comp. leg. — Cal. Similar: Pol. C. 1872, § 433; 

upon '66, p. 190. §§ 3, 4 ; Const. IV, 18 ; R. S.. §§ Kprr's C, ib. 

IS\ U 'IV '"'« 1 S-'?p 4: r 08 i« P i7 1 n 4 ?«« ( ?- v' 11 27 tl Cross ref ' For other duties see Index under 

281); 05, p. 386 (R. C. §§ 170-188). Eighteenth "Ct a tp Auditor" 

subd. drafted from '09, p. 360, S. B. 149, especially 
§ 3. Nineteenth subd. '13, c. 15, § 1, p. 55. Twen- 
tieth subd. '13, c. Ill, § 1, p. 431. 

§ 103. Same: Certificate of settlement. The certificate mentioned 
in subdivision 10, of section 102, must show by whom the payment is to be 
made, the amount thereof, and the funds into which it is to be paid, and 
must be numbered in order, beginning with number one at the commence- 
ment of each fiscal year. 

Hist. R. C, § 103; R. S., § 206. Cited: Steunenberg v. Storer (1898) 6 I. 44, 52 

Comp. leg. — Cal. Same except "Section 433" for P. 14. 
"Section 102," line 2 : Pol. C. 1872, § 434 ; Kerr's 
C, ib. 

§ 104. Same: Account of school fund. The auditor must keep a 
separate account of the school fund, and of the interest and income thereof, 
together with such moneys as may be raised by special tax or otherwise 
for school purposes. 

Hist. R. C, § 104; R. S., § 207. "Auditor," with additional provisions: Pol. C. 1872, 

Comp. leg.— Cal. Same except "Controller" for * 435 • as amended: Kerr's C, ib. 

§ 104a. Same: Prescribing forms. Penalty for dereliction. It is 

the duty of the state auditor to prescribe the form of receipts which must 
be given by all officers, or their deputies, who are authorized by law to 
collect fees, license moneys, fines and forfeitures, or to impose penalties, 
and to prescribe the forms of reports which must be made by all such 
officers, or their deputies, to the state treasurer and the state auditor 
whenever public money is deposited by them ; the object of this provision 
being to afford the state auditor the means of ascertaining whether or not 
there has been a proper accounting for all funds collected on behalf of 
the state. 

Forms of prescribed receipts and reports shall be provided and paid 
for out of the funds appropriated for the department in which they are 
to be used. 

For failure to perform the duty imposed upon him by this section, 
the state auditor shall forfeit the sum of one thousand dollars, to be col- 
lected on his official bond. 

Hist. Compiled from '13, c. 42, §§ 6, 7. 8, p. 146. 
Cross, ref. Failure to use prescribed form of re- 
port suspends salary : § 278a. 

§ 105. Warrants, how drawn. All warrants for claims which have 
been filed in his office must be drawn in the order of their allowance. 

Hist. R. C, § 105; R. S., § 208 as modified by Comp. leg. — Cal. Similar: Pol. C. 1872, § 436; 

Const. IV, 18. Kerr's C, ib. 

54 



EXECUTIVE AND ADMINISTRATIVE c. 10 § 108 

§ 106. Lost warrants: Issuance of duplicates. In case of the loss 
or destruction of any warrant heretofore issued or that may be issued by 
the auditor of the state of Idaho, in payment of any claim against the' 
state of Idaho, the state auditor is hereby authorized to issue his duplicate 
warrant to take the place of the warrant so lost or destroyed, upon sat- 
isfactory proof by affidavit of the loss of the said warrant: Provided, 
That in case of the issuance of any such duplicate warrant, the auditor 
shall require an indemnity bond of not less than double the amount of 
the warrant lost, conditioned upon the payment to the state of Idaho of 
any loss or damage or obligation by reason of the said lost warrant be- 
coming a claim against the state; and, Provided further. That it shall be 
the duty of the state auditor to notify the state treasurer of the issuance 
of the said duplicate warrant so that payment may be stopped upon the 
warrant so lost. 

Hist. R. C, § 106 ; '07, p. 348, § 1. 

§ 107. Proceedings against defaulters. Whenever any person has 
received moneys, or has money or other personal property which belongs 
to the state, or has been intrusted with the collection, management, or 
disbursement of any moneys, bonds, or interest accruing therefrom, be- t/ 
longing to, or held in trust by, the state, and fails to render an account 
thereof to, and make settlement with, the auditor within the time pre- 
scribed by law, or, when no particular time is specified, fails to render 
such account and make settlement, or who fails to pay into the state 
treasury any moneys belonging to the state, upon being required so to do 
by the auditor, within twenty days after such requisition, the auditor 
must state an account with such person, charging twenty-five per cent 
damages, and interest at the rate of ten per cent per annum from the 
time of failure ; a copy of which account in any suit therein is prima facie 
evidence of the things therein stated; But in case the auditor cannot, 
for want of information, state an account, he may, in any action brought 
by him, aver that fact, and allege generally the amount of money or other 
property which is due to or which belongs to the state. 

Hist. R. C, § 107 ; R. S., § 209. dereliction or refusal of an officer to account for 

Comp. leg.— Cal. Similar to last sentence, which moneys which he receives, and will not be imposed 

is omitted: Pol. C. 1872, § 437; similar as amended: where there is no design of the officer to avoid his 

Kerr's C ib duty or misinterpret the laws to his own advantage, 

_'''_. , „ , . , and he has acted on the advice of the attorney gen- 

Damages— When imposed: The damages imposed era , Anderson v. Lewis (1898) 6 I. 51, 52 P. 163. 

by this section are intended as a penalty for wilful 

§ 108. Printing of blanks. The state auditor must, on the first day 
of August in each year, advertise that he will receive sealed proposals 
for contracts, for the printing and delivery at the auditor's office in Boise 
City, of all blanks required by said office during the year next ensuing, and 
such notice must state the date for delivery of such blanks. A descrip- 
tion and schedule must be made out, and kept by the auditor in his office 
for the inspection of any person desirous of making proposals for the 
printing of the same. Said notice must be published in two newspapers, 
published in the state, at least once a week, for at least four successive 
weeks, and must state the time that all proposals will be opened. The 
proposals must be publicly opened and the award made to the lowest bid- 
der, at the office of the auditor by the state treasurer and auditor, on the 
day and hour named in the notice, which must be within five days from 
the last publication; and the blanks must be delivered within sixty days 
after the award; but this section does not authorize the expenditure of 
more than one thousand dollars in any one year. The person to whom 
the contract is awarded must, within ten days thereafter, file with said 
auditor a bond in the sum of two thousand dollars, with at least two good 
and sufficient sureties, to be approved by the auditor, and conditioned 

55 



C. 10 § 109 STATE OFFICERS 

for the faithful performance of his contract in accordance with the terms 
thereof. And if he fails or refuses to give such bond, the contract must 
be awarded to the next lowest bidder, or the auditor may advertise for 
other proposals as he may think best. All blanks of every description, 
required to be furnished by the auditor, under any of the laws of the 
state, must be printed under a contract in accordance with the provisions 
of this chapter, and not otherwise; and no warrant must be drawn by 
the auditor upon the state treasurer for any sum for printing, except as 
herein provided. 

Hist. R. C, § 108; '71, p. 46, §§ 1, 2 ; '73, p. 53, Cross ref. Public printing to be done in the 

§ 1; '77, p. 40, § 1 ; R. S., § 210. state: S§ 1474-6. 

§ 109. Claims against the state. All persons having claims against 
the state must exhibit the same, with the evidence in support thereof, to 
the auditor, to be audited, settled and allowed by the board of examiners, 
within two years after such claim shall accrue, and not afterward. In 
all suits brought in behalf of the state, no debt or claim must be allowed 
against the state as a set-off but such as have been exhibited to the audi- 
tor, and allowed or disallowed by the board of examiners except only in 
cases where it is proved to the satisfaction of the court that the defen- 
dant, at the time of the trial, is in possession of vouchers which he 
could not produce to the auditor, or that he was prevented from exhibiting 
the claim to the auditor by absence from the state, sickness, or unavoid- 
able accident. No claim which is not provided for by law shall be audited 
or set off. 

Hist. R. C, § 109; R. S., § 211 (See '66, p. 90, Limitation: After the expiration of the period 

S 7), modified by Const. IV, 18. limited by this section, the board of examiners is 

Cross, ref. Board of examiners: Const. IV, 18; ^ t RX t J u jJ¥ C ?2P *° ^l^ the C ' aim - Davis V ' 
also §S 11:1-11:15. b - t 191 ') 30 *■ ldl > 163 F - 3 ' 3 - 

§ 110. Vouchers and accounts preserved. All accounts, vouchers, 
and documents settled, or to be settled, by the auditor or board of exam- 
iners must be preserved in his office, and copies thereof, authenticated by 
the official seal of the auditor, shall be given to any person interested 
therein who requires the same. 

Hist. R. C, § 110; '66, p. 190, § 9 ; R. S., § 213, 
modified by Const. IV, 18. 

§ 111. Appropriation necessary to authorize warrant. In all cases 
of specific appropriations, salaries, pay and expenses, ascertained and 
allowed by law, found due to individuals from the state, when audited, the 
auditor must draw warrants upon the treasury for the amount; but in 
cases of unliquidated accounts and claims, the adjustment and payment 
of which are not provided for by law, no warrants must be drawn by the 
auditor, or paid by the treasurer, until appropriation is made by law for 
that purpose, nor must the whole amount drawn for and paid for any pur-,, 
pose or under any one appropriation ever exceed the amount appropriated. 7 

Hist. R. C, § 111 ; '66, p. 190, § 10 ; R. S., auditor cannot draw a warrant upon such fund. 
§ 214. O A. G. '05-06, p. 56. 

Cross ref. No money shall be drawn from the Salaries: Where a salary has been fixed by the 

treasury except pursuant to appropriation : Const. legislature for a constitutional office, a statute di- 

VII, 13. recting the payment of salaries, authorizing the 

Cited: Kingsbury v. Anderson (1898) 5 I. 771, auditor to draw a warrant therefor is sufficient ap- 

ol P 744 propriation. Reed v. Huston (1913) 24 I. 26, 132 

_, ' * . . M T . . . . f ., P- 109, Ann. Cas. 1915A 1237. Rich v. Huston 

Exhausted appropriation: If the amount of the (1913) 24 I. 34 132 P 112 
fund appropriated by law has been exhausted, the 

§ 112. Auditor to report delinquent collectors. The auditor must 
report to the legislature, within ten day. c : after the commencement of each 
regular session, a list of all the collectors of revenue, and other holders of 
public money, whose accounts remain unsettled for six months after they 
ought to have been settled according to law, and the reasons therefor. 

Hist. R. C, § 112; '66, p. 190, § 13 ; R. S., § 
217. 

56 



EXECUTIVE AND ADMINISTRATIVE c. 10 § 117 

§ 113. Inspection of books by legislature. All the books, papers, 
letters, and transactions pertaining to the office of the auditor are open to 
the inspection of a committee of the legislature, or either branch thereof, 
who shall examine all the auditor's accounts. 

Hist. R. C, § 113; '66, p. 190, § 15 ; R. S., § 
219. 

§ 114. Seal of office. The auditor must keep a seal of office, for the 
authentication of all papers, writings, and documents required by law to 
be certified by him, and copies so authenticated and certified, of all papers 
and documents lawfully deposited in his office, must be received in evidence 
as the original. 

Hist. R. C, § 114; '66, p. 190, § 17; R. S., 
§ 220. 

§ 115. Official bond. The auditor must execute an official bond in 
the sum of ten thousand dollars. 

Hist. R. C, § 115; R. S., § 222. 

Comp. leg.— Cal. See Pol. C. 1872, § 442 ; Kerr's 
C. ib. 

§ 116. Appointment of deputy. The auditor may appoint a deputy 
who shall receive no compensation as deputy. 

Hist. R. C, § 116 ; based upon R. S., § 218. for clerical assistance found in the genera! appro- 

Code Commissioner MacLane's note: The salary pristion bills, 
of the deputy is payable out of the appropriation 

ARTICLE 5. 
STATE TREASURER. 

§ 1 1 7. Duties of treasurer. It is the duty of the treasurer : 

1. To receive and keep all moneys belonging to the state not required 
to be received and kept by some other person. 

2. To file and keep the certificates of the auditor delivered to him 
when moneys are paid into the treasury. 

3. To deliver to each person paying money into the treasury a receipt 
showing the amount, the sources from which the money accrued, and the 
funds into which it is paid, which receipts must be numbered in order, be- 
ginning with number one at the commencement of each fiscal year. 

4. To pay warrants drawn by the auditor out of the funds upon, and 
in the order in, which they are drawn. 

5. Upon payment of any warrant, to take upon the back thereof the 
receipt of the person to whom it is paid, and file and preserve the same. 

6. To keep an account of all moneys received and disbursed. 

7. To keep separate accounts of the different funds. 

8. To report to the auditor, on the last day of each month, the amount 
disbursed for redemption of bonds and in payment of warrants during the 
month; which report must show the date and number of such bonds and 
warrants, the funds out of which they were paid, and the balance of cash on 
hand in the treasury to the credit of each fund. 

9. At the request of either house of the legislature, or any committee 
thereof, to give information in writing as to the condition of the treasury 
or upon any subject relating to the duties of his office. 

10. To report to the governor at the time prescribed in this code, the 
exact balance in the treasury to the credit of the state, with a summary 
of the receipts and payments of the treasury during the two preceding 
fiscal years. 

11. To authenticate with his official seal all writings and papers issued 
from his office. 

12. To discharge such other duties as may be imposed upon him by 
law. 

57 



C. 10 § 117a STATE OFFICERS 

Hist. R. C, § 117; R. S., § 230 (See '64, p. Payment of warrants: State treasurer must re- 

415, § 2). fuse payment of a state warrant drawn by the 

Comp. leg.— Cal. Similar but "controller" for &tate auditor unless he is satisfied that it is a 

"auditor" throughout: Pol. C. 1872, § 452: Kerr's Proper and legal charge against the state. Re 

C. ib. Huston (1915) 27 I. 231, 147 P. 1064. 

Cross ref. For other duties see Index under 

"State Treasurer." 

§ 117a. Funds of state board of land commissioners. It is the duty 
of the treasurer in relation to funds within the control of the state board 
of land commissioners to receive from and receipt to the board for money 
and evidences of indebtedness (subject, however, to final payment) which 
are accepted by banks as cash in the ordinary course of business, and to 
pay out of such funds orders drawn thereon by the board, but every order 
must specify the particular fund upon which it is drawn. 

The state treasurer is authorized and empowered to purchase for the 
state board of land commissioners for its use and benefit, under written 
authority from said board, all warrants drawn on the general fund of the 
state of Idaho. 

Hist. Compiled from '09, p. 360, S. B. 149, §§ 2, 
3 and '09, p. 363, S. B. 46, § 1. 

§ 118. Money to be accompanied by certificate. He must receive 
no money into the treasury unless accompanied by the certificate of the 
auditor. 

Hist. R. C, § 118; R. S., § 231. "auditor", and with additional provisions: Pol. C. 

Comp. leg.— Cal. Same except "controller" for 1872 « § 453 • Kerr's C. ib. 

§ 118a. Money to be kept in vault. All state moneys in the custody 
of the state treasurer not otherwise deposited as is or may be by law pro- 
vided, shall be kept in the vault and safe as provided for that purpose in 
the capitol building and in no other place. A violation of this section shall 
subject the state treasurer, upon conviction thereof, to pay a fine of not 
less than five thousand dollars nor more than ten thousand dollars, or to 
imprisonment in the state prison for a period of not less than one nor more 
than ten years, or to both such fine and imprisonment. 

Hist. R. C, 118a. based on '05, p. 31, § 1. 

§ 119. General fund defined. The general fund consists of moneys 
received into the treasury and not specially appropriated to any other fund. 

Hist. R. 0., § 119; R. S., § 232. Cited: Steunenberg v. Storer (1898) 6 I. 44, 52 

Comp. leg.— Cal. Same: Pol. C 1872, § 454; p - 14 - 
Kerr's C. ib. 

§ 120. Transfers to general fund. Whenever there shall be or re- 
main in any special or temporary fund created or established by or under 
any law of the state of Idaho, a surplus or unexpended balance after the 
purpose or purposes for which such special or temporary fund was pro- 
vided shall have been fully accomplished, the state auditor and state treas- 
urer are hereby authorized, directed and required to transfer such surplus 
or unexpended balance, from the fund in which the same shall be or remain 
to the general fund of the state. 

Hist. R. C, § 120; '05, p. 219, § 1. 

§121. Same: Revenues temporarily diverted. Whenever revenues 
are diverted from the general fund of the state, in order to provide a special 
or temporary fund for a particular purpose or a number of purposes, and 
such purpose or purposes shall have been fully accomplished, such diversion 
shall cease, and thereafter such revenues shall accrue to the general fund 
as they did prior to the time when such diversion was authorized and 
required. 

Hist. R. C, § 121 ; '05, p. 219, § 2. 

§ 122. Apportionment of forest reserve funds. It shall be the duty 
of the state treasurer to receive any and all moneys paid or offered to be 

58 



EXECUTIVE AND ADMINISTRATIVE c. 10 § 126 

paid to him as such treasurer by the treasurer of the United States on 
account of the moneys received from such forest reserve, under and by 
virtue of the act of congress of June 30, 1906, and to keep a separate 
account of the sums received from each reserve, and to apportion the 
distributive shares of the same among- the several counties in which such 
forest reserves are situated in proportion to the area of such reserve in 
such county, and to pay the same over to the several county treasurers of 
such counties at least once in each and every year, and as soon after the 
same is received as such apportionment can be made. 

As soon as any of said moneys are received by the county treasurer, 
he shall apportion the same as follows : Seventy-five per cent thereof to 
the general road fund of the county, to be used in the construction and 
repair of roads and bridges in the county, under the direction of the county 
commissioners of the county, giving the preference, when other conditions 
are equal, to roads and bridges in the reserves whenever and wherever the 
same are most needed, and twenty-five per cent thereof to the general 
common school fund of the county, to be used in the construction, support 
and maintenance of public school houses and schools in such county accord- 
ing to the school laws. 

Hist. R. C, § 122; '07, p. 162. §§ 1, 2. 

§123. Payment of warrants. The state treasurer must pay war- 
rants on any of the several funds in his office in their regular order, as 
prescribed by law. 

Hist. R. C, § 123; '71, p. 41, § 1 ; R. S.. § 235. 

§ 124. Payment in part. When any warrant is presented for pay- 
ment and there is not money on hand to pay the warrant in full, the treas- 
urer must pay to the holder thereof such sums only as may be in the fund 
upon which the warrant is drawn, and divide the warrant, retaining that 
portion on which the number of the warrant is, and require the owner of 
the warrant to receipt for the amount received, on the back of said por- 
tion ; the other part of the warrant must be returned to the owner thereof, 
with the following indorsement on the back: No. (in figures) ; number of 
warrant written ; total amount of warrants to date ; amount paid on war- 
rant; balance due on warrant on the date of partial payment; date of 
partial payment ; name of treasurer. And said portion of warrant, so 
indorsed, constitutes a charge against the fund on which it was originally 
drawn for the amount of the balance as shown by the indorsement, and is 
payable out of the first money in said fund ; and the above provided division 
of any warrant in no way destroys its validity ; but nothing in this chapter 
must be construed as allowing the payment of interest on interest. 

Hist. R. C„ § 124 ; "II, p. 41, § 2 ; R. S., § 236. 

§125. Unpaid warrants : Interest. It is the duty of the state treas- 
urer to keep a register of the state warrants presented to him, and not 
paid for want of funds, in the order of their presentation, and to write 
across the back of same, "Presented and not paid for want of funds," said 
indorsement to be dated and signed by the treasurer; and said warrants 
draw interest at the rate of six per cent per annum from date of pre- 
sentation until paid. 

Hist. R. C, § 125; R. S., § 238 (See '64, p. 415, 
§ 5) ; '99, p. 228, § 1 ; '01, p. 107, § 1. 

§ 126. Refusal to pay warrants. If the state treasurer wilfully 

and unlawfully refuses to pay any warrant lawfully drawn upon the treas- 
ury, he forfeits and must pay fourfold the amount, to be recovered by 
action against the treasurer and his sureties on his official bond, or 
otherwise. 

Hist. R. C, § 126; R. S., § 240 (See '64, p. 
415, § 10). 

59 



C. 10 § 126a STATE OFFICERS 

§ 126a. Delivery of bonds sold outside state. Whenever bonds sold 
by the state of Idaho are to be delivered to the purchasers outside the 
state capital, the state treasurer is authorized and empowered to deliver 
the said bonds through the agency of any bank qualified as a depository 
of state moneys. The treasurer, upon deposit of the said bonds with such 
bank for delivery, shall take a receipt therefor under the seal of the bank, 
and such receipt shall, pending the payment to the state treasurer of the 
moneys due from the sale of the said bonds, be a sufficient accounting for 
the bonds on the part of the treasurer. 

Hist. '09, p. 361, S. B. 47, § 1. 

§ 126b. Payment of bonds and interest coupons outside state. When- 
ever any bonds of the state of Idaho, or interest coupons thereof, become 
due and payable at a place outside the state capital, the treasurer of the 
state of Idaho is hereby authorized and empowered to purchase of any 
bank in the state, qualified as a state depository, a draft drawn on any 
reputable bank in the city of New York for the payment of the principal 
and interest of any such bond or coupon. He shall take a receipt under 
the seal of the bank, specifying for what amount said draft was issued 
and for what purpose, and said receipt shall be accepted during the interim 
between the issuance of such draft and the return of any bond or coupon, 
or any other form of indebtedness for which said draft was issued, by any 
examiner of the state treasurer's office as an evidence of the payment of 
the bonds and coupons, and shall be reported in his report as cash advanced 
f pr payment of bonds and interest. 

/Hist. "09, p. 361, S. B. 47, § 2. 

§ 137. Inspection of treasurer's office. The books, papers, letters 
and transactions pertaining to the office of treasurer, are at all times dur- 
ing office hours open to the inspection of a committee of the legislature, or 
either branch thereof, to examine and settle all accounts, or to take copies 
of the same, and to count all moneys ; and when the successor of any such 
treasurer is appointed and qualified, the state auditor must examine and 
settle all the accounts of such treasurer, remaining unsettled, and give to 
him a certified statement, showing the balance of moneys, securities and 
effects for which he is accountable, and which have been delivered to his 
successor, and report the same to the legislature. 

Hist. R. C, § 137 ; R. S., § 237 (See '64, p. 415, 

§ 4). 

§ 138. Same: Inspection by governor. The governor of the state 
is hereby authorized and directed, at any time whenever he considers it 
necessary for the safe keeping and disbursement of public moneys, to make 
an examination of the amount in the possession of the state treasurer, 
and for that purpose must have access to the same. 

Hist. R. C, § 138 ; '65, p. 141, § 2 ; R. S. § 242. 

§139. Official seal : Authentication of papers. The treasurer must 
keep a seal of office for the authentication of all papers, writings and docu- 
ments required by law to be certified by him ; and copies so authenticated 
and certified, of all papers and documents lawfully deposited in his office, 
must be received in evidence as the original documents. 

Hist. R. C, § 139; '64, p. 415, § 9 ; R. S. § 239. 

§ 140. Deputy treasurer. The state treasurer may appoint a deputy 
state treasurer, who shall take the oath as required of his principal, and 
may perform all the official duties of such principal, being subject to the 
same regulations and penalties, and for all whose official acts the state 
treasurer shall be responsible. The state treasurer shall require his deputy 
to execute an official bond to the state of Idaho in the sum of fifty thousand 
dollars. 

Hist. '15, c. 114, p. 261 ; R. C, § 140, based on 
'9?, p. 150, §§ 1, 2, 3 and '99, p. 220, §§ 1, 2, 3. 

60 



EXECUTIVE AND ADMINISTRATIVE c. 10 §142 

§ 141. Official bond. The state treasurer must execute an official 
bond in the sum of two hundred and fifty thousand dollars. 

Hist. '15, c. 99, § 1, p. 238; R. S., § 234 (act Comp. leg.— Cal. Similar except amount of bond 

Feb. 10, '87); R. C, § 141; '09, p. 358, S. B. i a $100,000: Pol. C. 1872, § 459; Kerr's C ib 
ISO, § 1. 

ARTICLE 6. 
ATTORNEY GENERAL. 

§ 142. Duties of attorney general. It is the duty of the attorney 
general : 

1. To attend the supreme court and prosecute or defend all causes to 
which the state or any officer thereof, in his official capacity, is a party; 
and all causes to which any county may be a party, unless the interest of 
the county is adverse to the state or some officer thereof acting in his official 
capacity. Also to prosecute and defend all the above mentioned causes 
in the United States courts. And in all cases where he shall be required 
to attend upon the United States courts, other than those sitting within 
this state, he shall be allowed his necessary and actual expenses, all claims 
for which shall be audited by the state board of examiners. And there is 
hereby annually appropriated out of any money in the state treasury not 
otherwise appropriated, a sufficient sum for the payment of such expenses 
not exceeding the sum of five hundred dollars in any one year. 

2. After judgment in any of the causes referred to in the preceding 
subdivision, to direct the issuing of such process as may be necessary to 
carry the same into execution. 

3. To account for and pay over to the proper officer all moneys which 
may come into his possession belonging to the state or to any county. 

4. To keep a docket of all causes in which he is required to appear, 
which must, during business hours, be open to the inspection of the public, 
and must show the county, district, and court in which the causes have 
been instituted and tried, and whether they are civil or criminal ; if civil, 
the nature of the demand, the stage of the proceedings, and, when prose- 
cuted to judgment, a memorandum of the judgment; of any process issued 
thereon, and whether satisfied or not, and if not satisfied, the return of 
the sheriff ; and if criminal, the nature of the crime, the mode of prosecu- 
tion, the stage of the proceedings, and, when prosecuted to sentence, a 
memorandum of the sentence and of the execution thereof, if the same 
has been executed, and if not executed, of the reasons of the delay or 
prevention. 

5. To exercise supervisory powers over prosecuting attorneys in all 
matters pertaining to the duties of their offices, and from time to time 
require of them reports as to the condition of public business intrusted to 
their charge. 

6. To give his opinion in writing, without fee, to the legislature or 
either house thereof, and to the governor, secretary of state, treasurer, 
auditor, and the trustees or commissioners of state institutions, when 
required, upon any question of law relating to their respective offices. 

7. When required by the public service, to repair to any county in 
the state and assist the prosecuting attorney thereof in the discharge of 
his duties. 

8. To bid upon and purchase, when necessary, in the name of the 
state, and under the direction of the auditor, any property offered for sale 
under execution issued upon judgments in favor of or for the use of the 
state, and to enter satisfaction in whole or in part of such judgments as 
the consideration for such purchases. 

9. Whenever the property of a judgment debtor in any judgment 

61 



c. 10 § 143 



STATE OFFICERS 



mentioned in the preceding subdivision has been sold under a prior judg- 
ment, or is subject to any judgment, lien, or incumbrance, taking preced- 
ence of the judgment in favor of the state, under the direction of the 
auditor, to redeem such property from such prior judgment, lien, or in- 
cumbrance; and all sums of money necessary for such redemption must, 
upon the order of the board of examiners, be paid out of any money appro- 
priated for such purposes. 

10. When in his opinion it may be necessary for the collection or 
enforcement of any judgment hereinbefore mentioned, to institute and 
prosecute, in behalf of the state, such suits or other proceedings as he 
may find necessary to set aside and annul all conveyances fraudulently 
made by such judgment debtors; the cost necessary to the prosecution 
must, when allowed by the board of examiners, be paid out of any appro- 
priations for the prosecution of delinquents. 

11. To discharge the other duties prescribed by law. 

12. To report to the governor, at the time required by this code, the 
condition of the affairs of his department, and to accompany the same with 
a copy of his docket, and of the reports received by him from prosecuting 
attorneys. 



Hist. R. C § 142; R. S., § 250 (See '85, p. 31, 
§ 3), modified by Const. IV, 18, '01, p. 162, § 1. 

Cross ref. For other duties, see Index under 
"Attorney General." 

Comp. leg.— Cal. See Pol. C. 1872, § 470, as 
amended : Kerr's C. ib. 

Cases in supreme court: The attorney general is 
the attorney for the state on an appeal from a 
judgment of conviction in a criminal case and must 
be served with the transcript and appellant's brief. 
S. v. Miles (1906) 11 I. 784, 83 P. 697; S. v. 
Squiers (1908) 15 I. 327, 97 P. 411; S. v. Burgy 
(two cases) (1912) 22 I. 586, 588, 127 P. 779. 

In an action by a county to recover from a cor- 
poration road poll tax due the county from an em- 
I loyee of the corporation, the appeal may be 
taker, in the name of the county by the prosecut- 
ing attorney. Kootenai Co. v. Hope L. Co. (1907) 
IS I. 262, 89 P. 1054. 



The attorney general is the attorney for a coun- 
ty on an appeal from a judgment in a suit in 
which the county is a party, and must be served 
as such with the transcript and brief of appellant. 
Corker v. Elmore Co. (1906) 11 I. 787, 84 P. 509. 

Giving opinions not required by law: The at- 
torney general is only required to give opinions to 
the legislature, state officers, and heads of state 
departments when requested to do so in writing 
and then only in matters relating to their duties 
or matters in which the state is a party or is di- 
rectly interested. The custom seems to prevail 
(Lased upon a misunderstanding of the duties of 
the attorney general) whereby county and school 
district officers and private citizens write for opin- 
ions upon nearly every conceivable subject. O. A. 
G. '97-98, p. 5; '01-'02, p. 27; '05-'06 pp. 117, 122, 
133, 135, 137 ; '07-'08, p. fi. 



§ 143. Official bond. The attorney general must execute an official 
bond in the sum of five thousand dollars. 



Hist. R. C, § 143; R. S., § 252. 

Comp. leg. — Cal. Same except "ten" for "five" 
Pol. C. 1872, § 473; Kerr's C. ib. 



62 



ADMINISTRATIVE! STATE BOARDS AND 

OFFICERS. 

CHAPTER 11. 

STATE BOARD OF EXAMINERS. 

11:1 Constitution of board. The board of examiners created by 
section 18, of article 4 of the constitution is styled the "State Board of 
Examiners." The governor is chairman of the said board. The state 
auditor is ex officio secretary of the state board of examiners. 

Hist. '13, c. 15, § 1, p. 55, redrafted; '90-'91, p. Also see Const. V, 10, for jurisdiction of su- 

45, § 1, reenacted '99, p. 24, § 1 ; R. C, § 144. preme court over claims against the state. 

Cross ref . Constitution and powers of board : 
Const. IV, 18. 

1 1 :2. Sessions of board. Regular sessions of the state board of 
examiners shall be held on the third Tuesday of each month, in the office 
of the state auditor. Special sessions may be held at any time in such office 
if all members are present. No claim shall be examined and passed upon 
by any member unless a majority of the board is present. 

Hist. '13, c. 15, § 2, p. 55; '90-'91, p. 45, § 2, Cited: (Dis. op.) Pyke v. Steunenberg (1897) 

reenacted '99, p. 24, § 2 ; R. C, § 145. 5 I. 614, 51 P. 614. 

1 1 :3. Duties of secretary : Record of claims. It is the duty of the 
state auditor, acting as secretary of the board of examiners, to receive and 
file all claims against the state, and for this purpose he shall keep a book 
in which shall be entered a record of all claims so presented, giving the 
name and address of each claimant, the amount claimed, the amount al- 
lowed by the board, the number of the warrant by which paid, and such 
other information as may be necessary in order to preserve a complete 
history of each claim. 

Hist. R. C, § 145a, enacted by '13, c. 15, § 3, Cross ref. Claims to be exhibited to auditor: 

p. 56. § 109. Allowed claims to be preserved by auditor: 

§ 110. 

1 1 :4. Same : Voucher forms. It is the duty of the state auditor, 
with the approval of the state board of examiners, to prescribe forms of 
vouchers on which all claims against the state must be submitted, and 
when such forms of vouchers have been prescribed no claim against the 
state shall be received and filed by the state auditor unless the same shall 
be presented on the proper form. 

Hist. R. C, § 145b, enacted by '13, c. 15, § 3, 
p. 56. 

11:5. Vouchers for travel. On all vouchers submitted for travel 
expenses, there must appear a certificate signed by the head of the depart- 
ment for which the travel was performed, stating that the travel was per- 
formed under competent orders, the purpose for which it was undertaken, 
and that the same was necessary in the public service. Such vouchers must 
also show the points between which the travel was performed, the date on, 
and the place at which each separate item of expense was contracted, and 
a receipt for all amounts reported as paid must accompany the claim. The 
party submitting a voucher for travel expenses must sign thereon a cer- 
tificate that the account is correct and just. 



Hist. R. C, § 145c, enacted by '13, c. 15, § 3, 
p. 56. 



63 



11:6 STATE OFFICERS 

1 1 :6. Vouchers for supplies. Vouchers submitted for supplies fur- 
nished the state must set forth in itemized form the number or amount, 
and price of each article included in the account. Such vouchers must 
contain certificates signed by the head of the department or institution to 
the effect that the supplies were ordered by proper authority, that they ^ 
were necessary in the public service, thaJLthe account is correct and just* 
and that the supplies charged for have actually been received in number 
and amount as charged. Such vouchers must also contain a certificate 
from the party rendering the account that the same is correct and just, 
that the supplies charged for have actually been furnished, and that he has 
received payment therefor. 

Hist. R. C, § 145d, enacted by '13, c. 15, § 3, 
p. 56. 

1 1 :7. Vouchers for services. Vouchers submitted for services other 
than the payment of salaries fixed by law must set forth the particular 
service rendered, the rate of pay, and the total amount due. Where the 
voucher covers separate noncontinuous services each item must be sepa- 
rately stated. Such vouchers must contain a certificate from the head of 
the department or institution to the effect that the services were necessary 
in the public service, that they were actually rendered as charged, and that 
the account is correct and just. They must also contain a certificate from 
the party rendering the account that the same is correct and just, that the 
services charged for were actually rendered and that he has received^ pay- 
ment therefor. f /f 

Hist. R. C, § 145e, enacted by '13, c. 15, § 3, ' .*■ * <^ 

p. 56. 

11:8. Vouchers for payroll. For all institutions or departments 
where the officers and employees are paid a fixed monthly salary, a voucher 
may be submitted in the form of a monthly payroll covering the compen- 
sation of such officers and employees. This payroll must be signed on the 
proper line by each person carried for pay thereon, which signature will 
serve as a receipt for pay for the month covered by the roll. A warrant 
will be mailed by the state auditor to each person carried on such rolls 
for the amount of his salary. The vouchers must contain a certificate 
from the head of the department or institution to the effect that the serv- 
ices were necessary in the public service, that they were actually rendered 
as charged, that the rate of pay of each individual carried thereon has 
been lawfully fixed by proper authority, and that the account is correct 
and just. 

Hist. R. C, § 145f, enacted by '13, c. 15, § 3, 
p. 57. 

1 1 :9. Filing, examination and correction of claims. Whenever a 
voucher is received by the state auditor he shall before filing the same, 
examine or cause it to be examined and, if it is not correct in form or 
amount, or if there are no funds in the state treasury out of which the 
same may lawfully be paid, he shall forthwith return the same to the 
party rendering the account for correction or for submission at a later 
date if there is made an appropriation out of which the same may lawf uly 
be paid. 

Hist. R. C, § 145g, enacted by '13, c. 15, § 3, 
p. 57. 

11 :10. Certificate of auditor. On all accounts submitted to the state 
board of examiners for their action, the state auditor must certify that 
the account is in^n^opexform, that the totals carried thereon are correct, 
[/ that receipted vouchers, showing the payment of all items for which re- 
imbursement is asked are submitted therewith, and that there are funds 
in the state treasury out of which the same may lawfully be paid. 

Hist. R. C, § 145h, enacted by '13. c. 15. § 3, 
p. 57. 

64 



STATE BOARD OF EXAMINERS 11:14 

11:11. Auditor's civil liability. For the proper performance of the 
duties herein enjoined upon the state auditor, as secretary of the state 
board of examiners, or for any unlawful or irregular payment of any 
account submitted against the state, the state auditor is hereby made 
responsible upon his official bond. 

Hist. R. C, § 145i, enacted by '13, c. 15, § 3. fund, in the absence of collusion, theft or actual 

p. 57. fraud, resort should be had to civil rather than 

Liability for mistake: If a mistake is made by c J inai J*| J?™* d ^ ( Mor ^ a ^ J- dissents.) Re Hu- 

the auditor in drawing a warrant upon the wrong ston (1915) 2< T. 231, 147 P. 1064. 

11:12. Criminal liability for false certificate. The making of any 
false certificate on any voucher on which money is to be paid by the state, 
for the purpose of securing or aiding tc secure the payment of any claim 
not a just and proper charge against the state, is hereby declared to be a 
felony under the provisions of section 6385. 

Hist. R. C, § 145j, enacted by '13, c. 15, § 3, 
P. 68. 

11:13. Audit of claims. It is the duty of the state board of exam- 
iners to examine all claims, except salaries and compensation of officers 
fixed by law, and except fixed appropriations for principal and interest of 
the public bonded debt, and except claims against the state already pre- 
sented to the board and favorably reported by it to the legislature for 
passage. The board may approve or disapprove any claim or demand 
against the state, or any item thereof, or may recommend a less amount 
in payment of the whole, or any item thereof, and a decision of a majority 
of the members shall stand as the decision of the board. But no claim 
shall be examined, considered or acted upon by said board, unless the state 
auditor, as secretary of the state board of examiners, shall have indorsed 
thereon the certificates required to be made by him by section 10 of this 
chapter, and unless receipted vouchers are therewith showing the payment 
of all items for which reimbursement is asked. 

Hist. '13, c. 15, § 4, p. 58; '90-'91, p. 45, § 3, Effect of certificate: Under a territorial statute 
reenacted '99, p. 24, § 3 ; '03, p. 373, § 1 ; '05, p. 365, requiring persons having claims against the terri- 
§ 1 ; R. C, § 146. tory to exhibit the same, with the evidence in sup- 
Cross ref. Claims to be exhibited to auditor: P<*t thereof, to the controller to be audited, settled 
§ 109. Allowed claims to be preserved by auditor: ? n ^ allowed, the controller has discretion in allow- 
§ 110. For jurisdiction of board of examiners and »»£ \ claim and issuing his warrant therefor al- 
remedies afforded creditors of the state, see Const. though the same has been certified and corrected by 
IV. 18 and V, 10 and annotations thereunder. another territorial officer whose duty it is to ex- 

. amine and certify accounts of the controller when 

Auditor's authority: State auditor may legally satisfied of their legality. Crutcher v. Cram (1871) 

draw a warrant in favor of a claimant only as ^ j y\1. 

authorized and directed to do so by the state board ' ' . 

of examiners. Re Huston (1915) 27 I. 231, 147 P. Issuance of deficiency warrants: The board of 

IQVA examiners has no authority to authorize the issuance 

of deficiency warrants for the construction of, or 

Claims to be presented: All claims of whatever payr nent for, a building at the insane asylum at 

character against the state must be submitted to Blackfoot, no matter how evident the necessity for 

the board. (Sullivan, J., dissents.) S. v. Nat. thc building may be. O. A. G. '13-'14, p. 39. 

Surety Co. (1916) 29 I. 670, 161 P. 1026. „ , ., . . . , . . T , „ .. 

This section does not contemplate that a money + I J e ™ eay ? f ? a,m l *. re ' ecte <! : „ In » ca f n e «*«?. . h * 

judgment, obtained in the district court may be pre- state board of examiners unjustly disallows a claim 

sented to the board as a claim. Thomas v. S. (1909) against the state, the claimant has his remedy under 

1" T 81 100 P 761 Const. V, 10, by applying to the supreme court to 

°Under this section and Const. IV, 18, the state hear such claim, and securing a recommendatory 

board of examiners may disallow, in whole or in judgment to be presented tc .the , next ^"lature for 

part, any claim presented by a state officer, for J* & ^o\a p At Gooding (1908) 14 I. 288. 

services for clerk hire, in his said office. Bragaw v. *• z > zyd > y4 r - 4<5B - 

Gooding (1908) 14 I. 288, 94 P. 438. Judicial review: It is within the legitimate au- 

A claim arising out of a contract for the con- thority of the court to compel the board to act upon 

struction of a state wagon road which stipulates for any matter which it is by law required to act upon, 

final payment when the contract is executed to the but the supreme court has no authority to direct or 

satisfaction of the commissioners and board of ex- control how such board shall act. (Sullivan, J., 

aminers, must be submitted for the approval of the dissents.) Pyke v. Steunenbertr (1897) 6 I. 614, 51 

board of examiners before the auditor can be re- P. 614. 
quired to issue his warrant therefor. Winter v. 
Ramsey (1895) 4 I. 303, 39 P. 193. 

11 :14. Auditor drawing warrant for disapproved claims: Liability. 

In case the auditor shall draw a warrant for any claim, or part of a claim 
or item thereof, which is disapproved by the board, he shall be liable upon 
his official bond for the same if any loss shall accrue to the state therefrom. 

Hist. R. C. § 147 ; '90-91 p. 15, § 4, reenacted 
'99, p. 24, § 4. 

65 
Pol-3 



11:15 STATE OFFICERS 

11 :15. Board may make rules. The board may make such rules and 
regulations for the conduct of its business as it may deem desirable^ not 
inconsistent with law. 

Hist. R. C. § 147; '90-'91, p. 45, § 4, reenacted Cited: Winters v. Ramsey (1895) 4 I. 303, 39 P. 

p 24, § 5. ]93. 

CHAPTER 12. 

STATE EXAMINER. 

12:1. State auditor is state examiner. The state auditor is ex officio 
state examiner. As such he shall give bond to the state of Idaho, to be 
approved by the governor and filed with the secretary of state, in the sum 
of ten thousand dollars. He shall be allowed no salary as such examiner 
but shall be allowed his actual and necessary traveling expenses to be 
audited by the state board of examiners and paid as other salaries- and 
expenses of other state officers are paid. For the purpose of enabling the 
state auditor to perform the duties of state examiner he is hereby author- 
ized, with the approval of the governor, to appoint an extra deputy at a 
salary not to exceed two thousand dollars per annum, and the said deputy, 
when traveling in the performance of his duties, shall be allowed to receive 
and collect his actual and necessary traveling expenses. 

Hist. '13, c. Ill, p. 431 ; '05, p. 386, § 1 ; R. C, no way repeals or interferes with the powers of 
§ l r i0. hoards of county commissioners. Prothero v. Comrs. 

Powers of county commissioners: This chapter in of Twin Falls Co. (1912) 22 I. 598, 127 P. 175. 

12:2. Inventory of state property. It is the duty of the state exam- 
iner to keep an exact and true inventory of all chattel property belonging 
to the state, which inventory shall be recorded in a permanent record to 
be kept for that purpose, showing a description of the property, condition, 
for what used, where located and its cost, and said inventory shall annually 
be revised on the 31st day of December. 

Hist. R. C, § 171 ; '05, p. 386, § 2. 

12:3. Supervision of accounts. He shall order and enforce a correct, 
and, as far as practicable, uniform system of bookkeeping by state and 
county officers, so as to afford a suitable check on their mutual action, and 
insure the safety and a thorough supervision of the funds of the state and 
of the counties therein. He shall have full power to expose false or 
erroneous systems of accounting, and when necessary shall instruct state 
and county officers in the proper mode of keeping such accounts. 

Hist. R. C, § 172 ; '05, p. 386, § 3. 

Cited: Prothero v. Comrs. of Twin Falls Co. 
(1912) 22 I. 598, 127 P. 175. 

12:4. Report as to bondsmen. He shall ascertain the character and 
financial standing of all present and proposed bondsmen of state and 
county officers. He shall, in the case of county officers, report to the board 
of county commissioners, and to the governor, and in the case of state 
officers, he shall report to the governor, the knowledge so obtained. 

Hist. R. C, * 173; '05, p. 386, § 4. 

12:5. Examination of state and county offices. He shall require of 
treasurers of counties, from time to time, as often as he shall deem neces- 
sary, a verified and complete statement of their accounts. He shall per- 
sonally, without notice to the officers and at irregular intervals, visit state 
officers at least twice in each year, stenographers of the district courts, 
and county officers at least once in each year, and at such time shall make 
a thorough examination of the books, accounts and vouchors of said officers. 
He shall ascertain in detail the various items of receipts and expenditures, 
and submit a report to the proper authority thereof. 

Hist. '09, p. 145, S. B. 137, § 1; '05, p. 386, § 5; Cited: Prothero v. Comrs. of Twin Falls Co. 

R. C, 5 174. (1912) 22 I. 598, 127 P. 175. 

66 



STATE EXAMINER 11:12 

12:6. Inspection of securities held by county officers. He shall in- 
spect and verify the character and amount of any and all assets and securi- 
ties held by county officers on public account. He shall ascertain the 
character and amount of any commission, fee or other charges for services 
exacted by such officers without warrant of law. 

Hist. R. C, § 175 ; '05, p. 386, § 6. 

12:7. Report of official neglect. He shall report to the attorney 
general, or prosecuting attorney, the refusal or neglect of county officers 
to obey his instructions. The attorney general, in case of state officers, 
and the prosecuting attorney, in case of county or municipal officers, shall 
promptly take action to enforce a compliance with such instructions of the 
state examiner. 

Hist. R. C, § 176 ; '05, p. 386, § 7. 

Cited: Prothero v. Comrs. of Twin Falls Co. 
(1912) 22 I. 598, 127 P. 175. 

12:8. Report to governor: Suspension of delinquent official. He 

shall report to the governor the result of his examination, as well as any 
failure of duty of any public official, as often as he thinks it may be re- 
quired by public interest. The governor may cause the result of any 
examination, made by the state examiner, to be made public, or, at his 
discretion, may take such action for the public security as the exigency 
may demand. He may, if he deem the public interest to require it, suspend 
any officer from further performance of duty until the examination be 
had, or such security be obtained as may be demanded for the prompt 
protection of public funds. 

Hist. R. C, § 177 ; '05, p. 386, § 8. 

Cited: Prothero v. Comrs. of Twin Falls Co. 
(1912) 22 I. 598, 127 P. 175. 

12:9. Officers to assist examiner. To enable the state examiner to 
properly perform the services herein required of him, the county com- 
missioners and officers of the several counties, the state treasurer and 
auditor, and all other county and state officers, shall afford all reasonable 
and needed facilities to the state examiner. All officers and employees of 
the counties, herein referred to, shall make returns and exhibits to the 
state examiner, under oath, in such form, and at such time or times, as 
he shall prescribe. 

Hist. R. C, § 178 ; '05, p. 386, § 9. 

12:10. Examination of accounts. He may examine any of the books, 
papers, accounts, bills, vouchers or other documents or property of any 
or all of the county and state officers, and custodians of county and state 
funds. He may examine, under oath, county and state officers, and the 
custodians of county and state funds aforesaid. 

Hist. R. C, § 179 ; '05, p. 386, § 10. or other evidence of the payment of taxes, when it 

Auditing county books: The state auditor pos- is foun <| * hat s ^ h evidence is necessary in making 

sesses no authority to require private individuals to a complete audit of the county books. O. A. G. 

produce their tax receipts, cancelled personal checks ; " "» P* 

12:11. Refusal to make returns a felony. Each and every person 
required herein to make returns and exhibits to the state examiner, who 
shall refuse or neglect to make such returns or exhibits, or who shall 
refuse to give such information required by the state examiner, shall be 
guilty of felony, and shall be punished by a fine not exceeding five thousand 
dollars, or imprisonment in the penitentiary not more than five years, or 
both. 

Hist. R. C, § 180; '05, p. 386, g 11. 

12:12. Rendering false statements is perjury. Any person making 
any exhibit, or giving information, as herein required, or making any 
statement under this chapter, on oath, who shall knowingly swear falsely 

67 



12:13 STATE OFFICERS 

concerning the same, shall be guilty of perjury, and shall be punished in 
the manner prescribed by law for the punishment of perjury. 

Hist. R. C, § 181 ; '05, p. 386, § 12. 

Cross ref. Punishment for perjury: § C486. 

12:13. Obstruction of examiner a felony. Any person who shall 
wilfully obstruct or mislead the state examiner in the execution of his 
duties as by this chapter prescribed, shall be guilty of felony, and upon 
conviction thereof, shall be punished by a fine of not more than five thou- 
sand dollars, or imprisonment in the penitentiary not more than five years, 
or both. 

His. R. C, § 182 ; '05 ; p. 386, § 13. 

12:14. Examiner may issue subpoenas: Refusal to furnish infor- 
mation. The state examiner may issue subpoenas and administer oaths, 
in the same manner, with the same power to enforce obedience thereof in 
the performance of his said duties, as belongs and pertains to courts of 
law in this state. Any person refusing access to the state examiner to 
any such books or papers, or officer, agent, clerk, employee or other person 
aforesaid, or who shall obstruct such access, or who shall refuse to furnish 
any required information, or who shall in any manner hinder the thorough 
examination required by this chapter, of the officers or of the books, ac- 
counts, papers and finances pertaining to the county and state officers 
aforesaid, shall be guilty of a felony, and upon conviction thereof, shall be 
punished by a fine not exceeding one thousand dollars, or imprisonment 
in the state penitentiary for a period not exceeding one year, or both. 

Hist. R. C, § 183; '05, p. 386, § 14. 

12:15. Annual report of examiner. The state examiner shall make 
an annual written report to the governor of his various official proceed- 
ings. He shall embody therein an abstract of the condition and statistics 
of the several county and state finances as ascertained by him. The reports 
hereinbefore required to be made to the governor shall be printed when 
ordered by the legislature. 

Hist. R. C, § 184 ; '05, p. 386, § 15. chapter. Prothero v. Comrs. of Twin Falls Co. 

Powers of county commissioners: The examiner (i.912) -- I. 598, 1_7 P. 1<5. 

is not required to report to boards of county com- tloss ref - Reports of officers: § 279. 
missioners, whose powers are not abridged by this 

12:16. Examiner to receive no fee. If the state examiner shall, di- 
rectly or indirectly, bargain for or receive any fee, compensation or reward, 
other than is provided by this chapter, for the doing or refraining to do 
his duty, as required by this chapter, he shall be guilty of a felony, and 
upon conviction thereof, shall be fined not exceeding five thousand dollars, 
or imprisonment in the state penitentiary not more than five years, or both. 

Hist. R. C, § 185 ; '05, p. 386, § 16. 

12:17. Duty of attorney general and prosecuting attorneys. The 

attorney general, or prosecuting attorney, shall, when called upon by the 
state examiner, aid him in any investigation or matter; giving legal advice, 
and shall supervise the prosecution of all offenders under the provisions 
of this chapter. 

Hist. R. C, § 186; '05, p. 386, § 17. 

12:18. Default of state treasurer- If, at any time, upon an exam- 
ination being made by the state examiner of the books and accounts of 
the state treasurer, and the funds under his control, it shall be found that 
the said state treasurer is a defaulter, it shall be the duty of the state 
examiner to at once report such fact to the governor, who shall have author- 
ity upon receiving such report to at once suspend the treasurer, and to 
appoint a treasurer temporarily, and to continue such suspension until 
such defalcation shall have been made good : Provided, however, That in 

68 



STATE DEPOSITORY LAW 13 : 2 

case it shall appear to the satisfaction of the governor that such defalca- 
tion cannot be made good by the state treasurer, he shall have authority 
to declare said office vacant, and fill the same by appointment as in cases 
of other vacancies. 

Hist. R. C., § 187 ; '05, p. 386, § 18. 

12:19. Default of county treasurer. If, at any time, the state exam- 
iner, upon an examination of the books and accounts of any treasurer of 
any county, and the funds under the control, or in the custody of, such 
treasurer, as authorized by law, shall find that any such treasurer is a 
defaulter, he shall at once report such defalcation or inability of such 
treasurer to the board of county commissioners of the county interested, 
which board of county commissioners shall, upon receiving such notice, 
from the examiner, have authority to suspend such treasurer, and to ap- 
point a treasurer temporarily, and to continue such suspension until such 
defalcation shall have been made good: Provided, however, That such 
board of county commissioners shall have power, in case it shall appear to 
their satisfaction that such defalcation cannot be made good, to declare 
said office vacant, and to fill the same by appointment as required by law 
in case of vacancies arising in any such office. 

Hist. R. C, § 188; '05, p. 386, § 19. 

CHAPTER 13. 
STATE DEPOSITORY LAW. 

ARTICLE 1. 
DEPOSIT OF STATE FUNDS. 

13:1. State depository board. The state board of examiners, sitting / . 
as the "state depository board," is hereby empowered and it is hereby 
made its duty to supervise the deposit of state moneys and to enforce 
the provisions of this chapter. 

Hist. '15, c. 168, § 1, p. 378; based upon '05 p. Funds of irrigation district: These sections do 

305, §§ 1, 3, 5, 10 ; R. C, § 127 ; '09, p. 363, S. B. not apply to the deposit of irrigation district funds 
45; R. C, §§ 129, 131, 136; '09, p. 362, S. B. 49. by its treasurer. Re Bank of Nampa (1916) 29 I. 

166, 157 P. 1117. ~ / 

13:2. Powers of state depository board. For the purpose of carry- 
ing out the provisions of this chapter, the state depository board has, in 
addition to other powers and duties which are now or may hereafter be 
provided by law, the following general powers and duties : 

(1) To designate state depositories. 

(2) To require all such state depositories to deposit securities or to 
give bonds, for the security of state funds deposited with them and the 
interest thereon in accordance with the provisions of this article. 

(3) To approve or disapprove securities and bonds tendered as se- 
curity for state deposits. 

(4) To investigate or cause to be investigated at least once in every 
six months the character and sufficiency of all bonds and securities put 
up as security for state deposits, and to require the same to be renewed, 
or new or additional security to be put up, whenever, in its judgment the 
safety of any deposit of state moneys under this article requires it, and 
to cause such deposit to be withdrawn unless such new or additional se- 
curity be given. 

(5) To fix the maximum depository limit of each state depository. 

(6) To demand and receive reports from the state treasurer, state 
auditor, state bank examiner, and any other officer or board, and from 
the several state depositories. 

(7) To investigate and inspect or cause to be investigated or in- 

69 



13:3 STATE OFFICERS 

spected any state office or any state depository, for the purpose of deter- 
mining the condition of, and protecting state funds. 

(8) To make rules and regulations, not inconsistent with law, in all 
matters relating to the depositing of state funds, for the guidance of the 
state treasurer, state auditor, state bank examiner, and other state offi- 
cers and of state depositories. 

(9) And generally to supervise and safeguard the deposit of state 
funds and to do and perform all other things and acts necessary to carry 
out the foregoing powers and duties. 

Hist. '15, c. 168, § 2, r>. 378, enacting R. C, § 
127a ; based upon '05, p. 305, R. C, § 127 et seq. 

13:3. Meetings of state depository board. The state board of ex- 
aminers shall meet as the state depository board in regular session quar- 
terly at some time during the first week in January, April, July and Oc- 
tober of each year, and at such other times as the business of the state 
shall require. 

Hist. '15, c. 168, § 2, p. 379, enacting R. C, § 
127b ; based upon '05, p. 305, § 1, R. C, § 127 ; '09, 
p. 363, S. B. 45. 

13:4. Expenses. Any expenses incurred in carrying out the provi- 
sions of this chapter shall be audited by the state board of examiners and 
paid out of the general fund of the state. 

Hist. '15, c. 168, § 2, p. 379, enacting R. C, § the state board of examiners. (Sullivan, J., dis- 

127c; '05, p. 305, § 5 ; R. C, § 131. sents.) S. v. Nat. Surety Co. (1916) 29 I. 670, 161 

Audit of claims: All expenses authorized by law "• 1026. 
to be incurred by this board must be passed on by 

13:5. Governor or board has power to inspect. The governor or 
the state depository board, or any person authorized in writing by him 
or it, may, during business hours, in the presence of the treasurer or 
his deputy, inspect and examine the books of account in the office of the 
treasurer, and all contracts, writings, securities, and other papers belong- 
ing to the state, or pertaining to the business thereof, held by the treas- 
urer, and may inspect and count the moneys belonging to this state and 
the several funds thereof in the custody of the treasurer, and it is hereby 
made the duty of the state treasurer to furnish all reasonable facilities 
for the purpose. 

And the governor, or the state depository board, or any person author- 
ized in writing by him or it, may, likewise, during business hours, in the 
presence of the auditor or his deputy, inspect and examine the books of 
account in the office of the auditor, and all contracts, writings, securities, 
bonds, and other papers belonging to the state, or pertaining to the busi- 
ness thereof in the custody of the auditor, and it is hereby made the duty 
of the state auditor to furnish all reasonable facilities for the purpose. 

Hist. '15, c. 168, § 2, p. 379, enacting R. C. § 
127d; '05, p. 305, § 5 ; R. C. § 131. _ 

Cross ref. Power of governor to inspect: § 138. 

ARTICLE 2. 
STATE DEPOSITORIES. 

13:6. Banks eligible as depositories. Any national bank or any state 
bank or trust company doing a banking business in this state may become 
a state depository by making application for that purpose to the state 
depository board. 

Hist. '15, c. 168, § 3, p. 380, enacting R. C. § 
128 ; based upon '05, §§ 1, 4, R. C §§ 127, 130 ; '09, 
p. 363, S. B. 45; '11, c. 122, p. 384. 

13:7. Banks to which officials secretly indebted ineligible. No bank 
is eligible to become or remain a state depository, to which the state treas- 
urer, state auditor, or any deputy or either of them is directly indebted, 

70 



STATE DEPOSITORY LAW 13:11 

unless the fact of such indebtedness is made known to the state deposi- 
tory board, but the amount and character of such indebtedness shall not 
be open to public inspection, and said depository board shall treat such 
information in strict confidence. Any member of the board violating this 
provision shall be guilty of a misdemeanor, and punished therefor as 
provided by law. 

In case of a violation by a state depository of this provision, the 
state depository board shall immediately cause all funds therein to be 
withdrawn and such bank shall be ineligible again to become a state de- 
pository during the incumbency of the official so indebted to said bank. 

Hist. '15, c. 168, § 4, p. 380, enacting R. C. § 
128a. 

ARTICLE 3. 
SECURITY FOR DEPOSITS. 

13:8. Security for deposits. Before designating any bank as a 
state depository, the state depository board shall require it to deposit 
securities or to give bonds, as in this chapter provided, for the payment 
of state moneys to^be deposited therein and the interest thereon, which 
securities and bonds are subject to the approval of the board. 

Hist. '15, c. 168, § 5, p. 381; '05, p. 305, § 3; 
R. C, § 129. 

13:9. Approved securities. No securities shall be accepted by the 
board except United States _bonds, bonds of the state of Idaho, bonds of 
the several counties, cities, villages, town^ and school districts of this 
state, and warrants of the state of Idaho and of the several counties 
thereof. No security shall be approved where there has been default 
within three years in the payment of principal or interest of any obliga- 
tion issued by the same maker. 

Hist. '15, c. 168, § 6, p. 381, enacting R. C. § the hands of the state treasurer other than the per- 

129a ; '05, p. 305, § 4 ; R. C, § 130 ; '11, c. 122, p. manent educational, public school, or university land 

384. funds, to be invested in such short time security as 

Short time security: The legislature has the state, county, city, school and irrigation warrants, 

power to authorize the investment of all funds in O. A. G. '13-'14, p. 39. 

13:10. Approved bonds. No bond shall be approved unless fur- 
nished by a surety company authorized and qualified to do business in 
this state. Any such bond shall run to the state of Idaho, shall be in the 
form and contain the conditions prescribed in the following section, and 
shall obligate the depository giving it to do and perform whatever may 
be required by the provisions of this article in the faithful discharge of 
the trust reposed in it. 

Hist. '15, c. 168, § 6, p. 381, enacting R. C. § 
129b; based upon '05, p. 305, §§ 1, 3 ; R. C, §§ 127, 
129 ; '09, p. 363, S. B. 45. 

13:11. Form of bond. Any such bond shall be in substance as fol- 
lows : 

Know All Men by These Presents: That bank of - ----- 

Idaho, and a surety company, a corporation, authorized 

and qualified to do business in the state of Idaho, are held and firmly 

bound unto the state of Idaho, in the sum of - -dollars for the 

payment of which, well and truly to bo made, we hereby bind ourselves, 
our and each of our successors and assigns jointly anad severallly by these 
presents. 

Dated the day of 19 

Whereas, The said principal, the bank of ..Idaho, 

has applied to the state depository board to be designated as a state de- 
pository and to receive on deposit a part of the funds in the state treas- 
ury of the state of Idaho to be deposited in said bank,, the amount whereof 
shall be subject to withdrawal or diminution by said treasurer as the 

71 



13:11 STATE OFFICERS 

requirements of the state shall demand, and which amount may be in- 
creased or decreased as the said treasurer may determine; and, 

Whereas, The said bank, in consideration of said deposit and for the 
privilege of keeping the same, has agreed to pay the state of Idaho in- 
terest on such sum at a rate of not less than two per cent per annum on 
the amount of said deposit, the same to be credited and paid quarterly 
upon the daily average of such amount as the said bank shall have on 
deposit for the quarter, or any fraction thereof, next preceding the cred- 
iting or payment of said interest, as shown by the books of the state 
treasurer, which interest shall be credited to the account of the state and 
shall become thenceforth a part of such deposit. 

Now, Therefore, If said bank of... .shall, at 

the beginning of each and every month render to the state treasurer and 
the state auditor a statement, in duplicate, showing the daily balance 
of the state moneys held by it during the month next preceding, and the 
interest thereon and shall well and truly keep all said sums of money so 
deposited, or to be deposited, as aforesaid, and the interest thereon, sub- 
ject at all times to the check and order of the state treasurer as afore- 
said, and shall pay over the same, and any part thereof , upon the check 
or written demand of the state treasurer, and to his successor in office, 
as shall be by him demanded, and shall credit and pay said interest as 
aforesaid, and shall in all respects, save and keep the state of Idaho and 
the said state treasurer harmless and indemnified for and by reason of 
the making of said deposit, or deposits, then this obligation shall be void 
and of no effect, otherwise to be and to remain in full force and virtue. S 

Provided, That if the said surety shall so elect, it may cancel this bond 
at any time by giving ninety days' notice of the cancellation thereof, in 
writing, to the said principal, the state treasurer and the state auditor, as 
secretary of the state depository board, accompanied by a sworn state- 
ment setting forth all the facts connected with, and the reasons for, such 
cancellation. That said bond shall be deemed cancelled at the expiration 
of the said ninety days, but shall remain in full force and effect until 
the expiration of said period: Provided, That if and when the said de- 
pository pays back to the state within said period any portion of the 
total amount of state funds on deposit with it at the time of the serv- 
ice of said notice, together with accrued interest, the total liability of 
the said surety on the said bond shall be reduced by the amount of any 
such payment or payments ; and Provided, further, That if the said de- 
pository shall substitute new securities or bonds, or both, which are ap- 

1 proved by the state depository board, this surety shall be released from 
further liability hereunder as soon as the substituted security is re- 
ceived and accepted by the board; but in no case shall the surety be re- 
leased from any liability which may have accrued prior to the cancella- 

/ tion thereof. 

"Signed and sealed the day and year first above written 

(Attested seals) Principal. 

By .. 

Its.. 

Surety. 

By „ 

Its 

Hist. '15, c. 168, § 6, p. 381, enacting R. C. § "interest" inserted in second proviso after "ac- 
129c; '05, p. 305, § 3 ; R. C, § 129. The word crued." 

72 



STATE DEPOSITORY LAW 13:15 

13:12. State auditor custodian of securities. All bonds and securi- 
ties, after approval, shall be deposited with and held by the state auditor, 
as secretary of the state depository board. 

The auditor shall register all securities and register and record all 
bonds in books which shall be a part of the permanent records of his 
office. The board shall provide a means for the safe keeping of such 
securities and bonds against fire and theft. 

Hist. "15, c. 168, § 6, p. 383, enacting R. C. § 
129d; based upon '05, p. 305, § 3 ; R. C, § 129. 

13:13. Sale of deposited securities. The state auditor is hereby 
authorized and empowered to sell any or all of the bonds or warrants, or 
both, that may be deposited as security for the deposit of any state funds 
in any depository under this article, at public or private sale, whenever 
there shall be a failure or refusal upon the part of any such bank, as a 
depository, to pay over the said funds or any part thereof upon the check 
or demand of the treasurer made on such bank. Notice of the sale of 
such bonds or warrants, under this article, shall be given for a period of 
thirty days in a newspaper published in the city of Boise, Idaho, and 
when the sale of bonds is made by the said auditor, either at public or 
private sale, under this article, and such bonds or warrants, or both, 
have been transferred by the auditor, the absolute ownership of such 
bonds and warrants rests in the purchaser or purchasers, upon the pay- 
ment of the purchase money to the treasurer and upon filing a duplicate 
receipt thereof with the auditor. Should there be any surplus after pay- 
ing the amount due the state, and expenses of sale, it shall be paid over to 
the bank making the deposit. 

Hist. R. C, § 135; '05, p. 305, § 9. 

13:14. Cancellation of bond by surety. If the surety on any state 
depository's bond shall so elect, it may cancel said bond at any time by 
giving ninety days' notice of the cancellation thereof, in writing, to the 
said depository, the state treasurer and the state auditor, as secretary of 
the state depository board. The said bond shall be deemed cancelled at 
the expiration of the said ninety days but shall remain in full force and 
effect until the expiration of said period : Provided, That if and when the 
said depository pays back to the state within said period any portion of 
the total amount of state funds on deposit with it at the time of the 
service of said notice, together with accrued interest, the total liability 
of the said surety on the said bond shall be reduced by the amount of 
any such payment or payments; and Provided, further, That if the said 
depository shall substitute new securities or bonds, or both, which are 
approved by the state depository board, the surety giving notice of such 
cancellation, shall be released from further liability as soon as the substi- 
tufe~security is received and accepted by the board; but in no case shall 
the surety be released from any liability which may have accrued prior 
to the cancellation thereof. i 

[ist. 15, c. 168, § 6, p. 383, enacting R. C. § 
129e. 

13:15. Statutory form of notice of cancellation. The notice of can- 
cellation provided for in the foregoing section shall be substantially in the 
following form: 

To... . -- a state depository, the treasurer of the state 

of Idaho, and the state depository board, through the state auditor, its 
secretarv * 

Take Notice, That on the -day of. 19 this com- 
pany became surety on the bond of the above named as a 

state depository, under the provisions of the Idaho state depository law, 
in the penalty of $ 

73 



13:16 STATE OFFICERS 

That, by the terms of the said state depository law, it is provided that 
said surety shall have the right to terminate its suretyship, under said 
bond, by giving notice of its election so to do to the assured state deposi- 
tory, the state treasurer and the state auditor, as secretary of the state 
depository board, and thereupon the said surety shall be discharged from 
any and all liability thereunder for any default of the said depository .ac- 
cruing after the expiration of ninety days after the service of such notice. 

That this company as surety aforesaid, desiring to take advantage of 
the terms of said law above referred to, does hereby elect to terminate its 
liability in accordance with such provisions, and the object of this notice 
is to so inform you, and each of you. 

Therefore be it known, That from and after the expiration of said 
ninety days from the receipt of this notice, this company shall not con- 
sider itself liable upon the aforesaid bond. 

Signed and sealed this day of .19.. 

(Corporate seal) 

Attest: By 

Its 

Its .._ -- 

Hist. '15, c. 168, § 6, p. 384, enacting R. C. § 
129f. 

13:16. Return or withdrawal of securities. Upon payment to the 
state of the deposits and accrued interest for which security was given, 
any security on deposit with the state auditor shall be returned to the 
bank furnishing the same, and when securities can be conveniently seg- 
regated, the amount thereof may be reduced in proportion as such depos- 
its shall be reduced or repaid to the state, but only upon such notice and 
under such regulations as the state depository board may fix, for the 
purpose of safeguarding the state funds. 

iist. '15, c. 168, § 6, p. 384, enacting R. C. § 
129g; '05, p. 305, § 4 ; R. C, § 130; '11, c. 122, 
p. 384. 

13:17. Recovery of bonds — Duty of attorney general. It shall be 
the duty of the attorney general to institute and prosecute to final de- 
termination all suits for the recovery of any penalty arising under the 
conditions of any bond required to be given by the provisions of this 
chapter. 

Hist. '15, c. 168, § 6, p. 385, enacting R. C. § 
129h; '05, p. 305, § 3 ; R. C, § 129. 

ARTICLE 4. 
DUTIES OF TREASURER. 

13:18. All funds to be deposited. The state treasurer shall deposit, 
and at all times keep on deposit, subject to the provisions of this chapter, 
in designated state depositories, all moneys of the state of Idaho coming 
into his hands. 

Hist. '15, c. 168, § 7, p. 385, enacting R. C. § Funds unlawfully deposited: State funds deposit- 

130 ; '05, p. 305, § 1 ; R. C, § 127 ; '09, p. 363, ed by state treasurer without authority of law in 
S. B. 45. bank which has notice of their character are trust 

Deposit of state moneys: The state treasurer can- ^ un J, s - s -?- B ™ c ? < 1909 > V 7 L J 1 ' 1 . 102 P -. 83 }' 134 

not invest or deposit any of the state moneys in his A - S- R- 245 State has preferred hen against gen- 

possession, belonging to the several current funds e ™\ assets of insolvent bank for its funds commin- 

of the state, except as provided in this chapter. gled therewith ; otherwise, if such funds are stolen 

O. A. G. '13-14, p. 39. or Q'ssipated. lb. 

13:19. Permanent endowment funds temporarily in hands of treas- 
urer. All moneys temporarily in the hands of the state treasurer belong- 
ing to the permanent charitable, educational, public school or university 
lands endowment funds, or other funds under the control of the state 
board of land commissioners, shall be deposited by him, subject to the 

74 



STATE DEPOSITORY LAW 



13 :24 



provisions of this act, pending the investment thereof by the said board, 
who shall have control of the disposition and investment thereof, as is 
now or may hereafter be provided by law, and the treasurer shall with- 
draw the said funds from deposit at all times immediately upon the call 
of the said board. 



Hist. '15, c. 168, § 8, p. 385, enacting R. C. § 
130a ; '05, p. 305, § 10 ; R. C, § 136 ; '09, p. 362, 
S. B. 49. Words "or other funds under the control 
of the state board of land commissioners" added 
from '09, p. 360, S. B. 149, § 2. 

Investment of endowment funds: The investment 
of all permanent educational, public school or uni- 
versity land funds, under the constitution of the 
state, devolves upon the state land board, and the 
legislature would have no right to authorize the 
state treasurer to invest said funds. The perma- 
nent educational funds (and this includes common 



school fund) other than the funds arising from the 
disposition of university lands belonging to the 
state, can only be loaned on first mortgages on im- 
proved farm lands within the state; state, United 
States, or school district bonds or state warrants, 
under such regulations as the legislature may pro- 
vide. These are the provisions as contained in Const. 
IX, 11. None of said funds could be invested in 
county bonds, county warrants, city warrants or 
irrigation bonds, and neither would the legislature 
have the power to authorize the investment of such 
funds in this manner O. A. G. '13-'14, p. 39. 



13:20. No preference to be given. The treasurer shall not give a 
preference to any one or more banks in the amount he may deposit, under 
the provisions of this chapter, but shall keep deposited with each desig- 
nated state depository, as nearly as practicable such proportion of the to- 
tal deposits as the maximum depository limit of such bank bears to the 
total maximum limit of all state depositories; and in no case shall the 
deposit in any one bank vary more than twenty per cent from the just 
proportion to which it is entitled. 



Hist. '15, c. 168, § 8, p. 385, enacting R. C. § 
130b; '05, p. 305, § 1 ; R. C, § 127; '09, p. 363, 
S. B. 45. 



13:21. Maximum amount which may be deposited. The state de- 
pository board shall, at the time of designating any bank as a state de- 
pository, fix the maximum amount which may be on deposit therein at any 
one time, which amount shall be subject to the following restrictions : 

(1) It shall not exceed ninety per cent of the market value of the 
approved securities or of the approved bonds or of both such securities and 
bonds. 

(2) It shall not be in excess of seventy-five per cent of the paid up 
capital and unimpaired surplus of the bank. 

(3) It shall not exceed $150,000. 






Hist. '15, c. 168, § 8, p. 386, enacting R. C. § 
130c ; based upon '05, p. 305, § 1 ; R. C, § 127 ; '09, 
p. 363, S. B. 45. 



\ 



13:22. Excess deposits. In cases of emergency or where the amount 
to be deposited exceeds the total maximum depository limit of all state 
depositories, the state treasurer may, with the consent of the state de- 
pository board, deposit state funds in a bank outside the state, having a 
paid up capital and unimpaired surplus of not less than $5,000,000, lo- 
cated in a central reserve city, as designated by the United States comp- 
troller of the currency, subject to such regulations, upon such conditions 
and with such security, as the state depository board shall fix and de- 
termine. 



Hist. '15, c. 168, 
130d. 



8, p. 386, enacting R. C. § 



13:23. All deposits subject to check. All deposits in state deposi- 
tories shall be subject to payment when demanded by the state treasurer 
on his check. 

Hist. '15, c. 168, § 8, p. 386, enacting R. C. § 
130e ; '05, p. 305, § 1 ; R. C § 127 ; '09 p. 363, 
S. B. 45. 

13:24. Rate of interest. Every state depository shall be required to 
pay and shall pay to the state for the privilege of receiving and holding 
any state deposit, interest at a rate to be fixed by the state depository 

75 



13:25 STATE OFFICERS 

board upon the amount so deposited, computed on the average daily bal- 
ance, as in this article provided. 

The state depository board shall, annually, on the last day of April, or 
when said day shall fall on Sunday, then on the day next preceding, fix a 
uniform rate of interest to be paid on such deposits, which shall be not 
less than two per cent per annum and which rate when so established 
shall not be changed for a period of one year. 

Hist. '15, c. 168, § 9, p. 386, enacting R. C. § 
131 ; '05, p. 305, § 1 ; R. C, § 127 ; '09, p. 363, 
S. B. 45. 

13:25. Interest on deposit: How computed. The amount to be paid 
by any and all banks, under the provisions of this chapter, for the privi- 
lege of keeping such public funds on deposit, shall be computed on the 
average daily balance of the public moneys kept on deposit therewith, as 
shown by the books of the state treasurer, and shall be credited and paid 
to the state quarterly on the first day of January, April, July and October 
of each year, and such depository shall, quarterly, on the days aforesaid, 
render a statement, in duplicate, to the treasurer and auditor, showing 
the amounts so credited. The treasurer shall require, and it is hereby 
made the duty of, every such depository to keep accurate accounts of all 
such moneys deposited with it, showing the amount deposited and when 
deposited, and to render, at the beginning of each and every month, to 
the treasurer and auditor, a statement, in duplicate, showing the daily 
balance of the state moneys held by it during the month next preceding, 
and the interest thereon, and all sums paid to the state for the privilege 
of keeping said moneys on deposit as aforesaid shall be apportioned by 
the auditor and credited by the treasurer to the account of the general 
fund. 

Hist. '15, c. 168, § 10, p. 387, enacting R. C. § 
131a; '05, p. 305, § 2; '07, p. 95, § 1 ; R. C, § 128. 

13:26. Duty of treasurer upon receipt of notice of cancellation. 

Upon receiving the notice of cancellation hereinbefore provided for, the 
state treasurer shall cease to make any further deposits in said depository, 
unless and until it is reinstated by the state depository board. The treas- 
urer shall also withdraw from said depository the entire amount of the 
state's funds on deposit with said depository before the expiration of the 
period of ninety days from the receipt of said notice of cancellation. Such 
withdrawals shall be made at such times and in such amounts as the 
treasurer shall deem advisable, subject to the supervisory control of the 
state depository board, but in no case shall he fail within ten days upon 
receipt of said notice to withdraw at least twenty-five per cent of the 
pro rata amount of the state's deposit secured by said bond and to with- 
draw at least twenty-five per cent of said amount during every thirty 
day period thereafter until the whole amount has been withdrawn. 

Hist. '15, c. 168, § 10, p. 387, enacting R. C. § 
131b. 

13:27. Responsibility for loss through insolvency of bank. The 

state treasurer shall not be liable personally or upon his official bond for 
any moneys that may be lost by reason of the failure or insolvency of 
any bank which becomes a depository under this article, except in so far 
as his violation of any trust devolving upon him as such treasurer or 
any of the provisions of this chapter shall contribute to such loss. 

Hist. '15, c. 168, § 10, p. 387, enacting R. C. § 
131c; '05, p. 305, § 5 ; R. C, § 131. 

13:28. Treasurer to make no profit. The making of profit, directly 
or indirectly, by the state treasurer, out of any money in the state treas- 
ury, belonging to the state, the custody of which the state treasurer is 
charged with, by loaning or otherwise using it, or depositing the same in 

76 



JUDICIAL DEPARTMENT C. 15 § 211 

any manner contrary to law, or the removal by the state treasurer or by 
his consent, of such moneys, or a part thereof, out of the vault or safe of 
the treasurer's department, after the same shall have been provided by 
the state, or out of any legal depository of such moneys, -except for the 
payment of warrants legally drawn, or for the purpose of depositing the 
same, under the provisions of this chapter, in banks which shall have 
qualified as depositories, shall constitute a felony, and, on conviction 
thereof, shall subject the treasurer to imprisonment in the state peniten- 
tiary for a term not exceeding two years or a fine not exceeding five thou- 
sand dollars, or to both such fine and imprisonment, and the treasurer 
shall be liable upon his official bond for all profits realized from such un- 
lawful use of such funds. 

Hist. R. C, § 132 ; '05, p. 305, § 6. 

13:29. Neglect of treasurer a misdemeanor. If the state treasurer 
shall wilfully fail or refuse at any time to do or perform any act required 
of him by this chapter, he shall be guilty of a misdemeanor, and, upon con- 
viction thereof, he shall be sentenced to pay a fine not exceeding five 
thousand dollars. 

Hist. R. C, S 133; '05, p. 305, § 7. 

13:30. Bribery of treasurer a felony. The offering, or giving, di- 
rectly or indirectly, by any bank or depository, or by any officer or stock- 
holder thereof, or by any other person or persons in its or their behalf, 
or by its or their knowledge, acquiescence or authority, or in its or their 
interest, to the state treasurer, of any gift, compensation, reward or in- 
ducement, with the intent or for the purpose of inducing said treasurer 
to deposit funds of the state in any bank contrary to any law of this 
state, shall constitute a felony, and shall, upon conviction thereof, subject 
the party or parties offending to imprisonment in the state penitentiary 
for a period not exceeding two years, or to a fine not exceeding five thou- 
sand dollars, or to both such fine and imprisonment. 

Hist. R. C, § 134 ; '05, p. 305, § 8. 

CHAPTER 14. 

OTHER OFFICERS AND BOARDS. 

§ 210. General reference to other officers and boards. The ap- 
pointment or constitution, and the organization, powers and duties, of 
such other state boards and commissions as are authorized and provided 
for by law, for the administration of departments of the government, or 
the supervision, direction and control of the educational, charitable, penal 
or other institutions, of the state, and the election or appointment, and 
the powers and duties, of officers and employees working under or in co- 
operation with such boards or commissions, or independently thereof in 
the administration of departments or branches of the state government, 
are provided for in these codes in the titles, chapters and articles treating 
of the institutions or departments of government supervised and admin- 
istered by such boards, commissions, officers or employees. 

Hist. R. C, § 210. F° r 'i 8 * °f state officers, see Index under "State 

Cross ref. For list of state boards and commis- Officers, 
sions, see Index under "State Boards and Commis- 
sions." 

CHAPTER 15. 
OFFICERS OF THE JUDICIAL DEPARTMENT. 

ARTICLE 1. 
JUDGES 

§ 211. Cross reference to judges. The election, duties and powers 
of the justices of the supreme court and judges of the district courts are 

77 



C. 15 § 212 STA1E OFFICERS 

provided for in the code of civil procedure and the penal code. Probate 
judges and justices of the peace are provided for in title — , of this code, 
and their powers and duties are such as are prescribed by this code, the 
code of civil procedure and the penal code. 

Hist. R. C, § 211. V, 11. C C. P. § 3829. Probate judges: Const. 

Cross ref. Justices of the supreme court: Const. V, 21, Pol. C., $§1989, 1990. Justices of the 
V. 6. C. C. P. § 3814. District judges: Const. leace: Const. V, 22, Pol. C, § 2104. 

ARTICLE 2. 
CLERK OF THE SUPREME COURT. 

§ 212. Duties in general. The clerk of the supreme court must per- 
form such duties as are prescribed in the penal code and code of civil 
procedure, and such duties as may be required of him by the rules and 
practice of the court. He must keep his office in the capitol building. 

Hist. R. C, § 212 ; R. S., § 260, 263 as modi- Cross ref. Clerk of supreme court to be appoint- 
ed by Const. IV, 18. ed by the court: Const. V, 15. Clerk to report to 

Comp. leg.— Cal. Same: Pol. C. 1872, § 750; state treasurer names of attorneys admitted to 

Kerr's C, ib. practice: § 840. 

§ 213. Fees. The clerk of the supreme court shall charge, demand 
and receive the following fees for services rendered in discharging the 
duties imposed upon him by law : 

For filing transcript on appeal in each civil case appealed to the supreme 
court, twelve dollars, to be paid by appellant, such fee to be in full for all 
services rendered or to be rendered in filing papers, entering orders or 
judgments, recording opinion, issuing process and sending down remittitur, 
unless after the decision of the court has been rendered a petition for re- 
hearing be presented, when a fee of five dollars shall be paid by the peti- 
tioner for filing such petition ; for filing an application for any writ com- 
mencing an original action in said court, other than writs in habeas corpus 
or criminal proceedings, ten dollars, to be paid by the party presenting the 
application, in full for all services rendered or to be rendered, as herein- 
before designated, unless after the decision of the court a petition for 
rehearing be presented, when a fee of five dollars shall be paid by the 
petitioner for filing such petition, for each certificate given at request, and 
under seal, fifty cents ; for copy of record, opinion of the court or other 
paper, fifteen cents per folio for first copy, and an amount not to exceed 
twelve and one-half cents per folio, to be fixed by order of the court, for 
second or carbon copies ; for certificate of admission, as an attorney includ- 
ing seal, oath and order, two dollars; for administering oaths or affirma- 
tions, including jurat, twenty-five cents; for taking an acknowledgment 
or proof of a deed or other instrument, including seal and writing of the 
certificate, fifty cents. 

Hist. '17, c. 18, § 1, p. 46; R. S., § 262 (see Comp. leg.— Cal. Different: Pol. C 1872, § 752; 

'71, p. 15, § 3) ; R. C, § 213. as amended: Kerr's C, ib. 

§ 214. Filing papers. He must file all papers that may be legally 
lodged with him for that purpose, noting the day, month, and year when 
so filed. 

Hist. R. C, § 214; '64, p. 423, § 4 ; R. S., § 264. 

§ 215. Responsibility for books and papers. He is responsible for 
the safe custody and delivery to his successor of all books and papers be- 
longing to his office. 

Hist. R. C, § 215 : '64, p. 423, § 5 ; R. S., § 265. 

§ 216. May administer oaths. He may administer oaths in every 
case where an oath is authorized by law. 

Hist. R. Cm § 216; '64, p. 423, § 6 ; R. S., § 266. 

§ 217. Prohibitions. He must not practice as an attorney or coun- 
sellor, nor be surety or bail in any case in the court of which he is clerk. 

Hist. R. C, § 217; '64, p. 423, § 7 ; R. S., § 267. 

78 



JUDICIAL DEPARTMENT C. 15 § 225 

§ 218. May take acknowledgments. He is authorized to take ac- 
knowledgments of deeds and instruments of writing under the seal of his 
office. 

Hist. R. C, § 218; '64, p. 423, § 8 ; R. S., § 268. 
Cross ref. May take acknowledgments: § 3123. 

§ 219. Official bond. The clerk of the supreme court must execute 
an official bond in the sum of five thousand dollars. 

Hist. R. C., § 219; R. S., § 269. (See '64, p. Comp. leg.— Cal. Same except "ten" for "five": 

423, § 2.) Pol. C. 1872, § 757 ; Kerr's C, ib. 

§ 220. Salary. The clerk of the court shall receive a salary of two 
thousand five hundred dollars per annum, payable quarterly out of the 
state treasury upon warrants issued by the auditor. Said salary shall be 
the only compensation he shall receive for all services required of him, or 
of any deputy he may appoint, with the exception of the deputy resident 
at the city of Lewiston, provided for in the next section. Nothing herein 
contained shall affect the right of the clerk to receive compensation as 
reporter of the decisions of the supreme court as provided in section 222. 

Hist. R. C, § 220, as amended by '09, p. 359, 
S. B. 164. 

§ 221. Deputy clerks. The clerk of the supreme court may appoint 
one or more deputies, and shall appoint a deputy clerk resident at the city 
of Lewiston, who shall keep his office in the supreme court building in 
said city, and who shall receive as compensation for his services the sum 
of seventy-five dollars per month, in full payment for all his services as 
such deputy clerk, to be paid to him monthly by the treasurer of the state 
out of any moneys in the treasury not otherwise appropriated. 

Hist. R. C, § 221 ; '93, p. 63, § 2, reenacted by Cross ref. Lewiston deputy clerk is custodian of 

'99, p. 6, § 5, modified by '99, p. 6, § 4, and '03, p. Lewiston law library: § 841. 
42, § 12. 

ARTICLE 3. 
SUPREME COURT REPORTER. 

§ 222. Clerk to be ex officio reporter. The clerk of the supreme 
court shall be ex officio reporter of the decisions of the supreme court, and 
shall receive the sum of one hundred dollars per volume for his services 
in the preparation of the decisions of said court. 

Hist. R. C, § 222 ; '03, p. 367, § 1. 

§ 223. Decisions to be reported. The reporter must prepare a re- 
port of all decisions of such court. 

Hist. R. C, § 223, with obsolete matter omitted ; 
'03, p. 367, § 2. 

§ 224. Same : How prepared. The decisions shall be prepared for 
publication by giving the title to each case, a syllabus of the points decided, 
the names of the counsel appearing in the supreme court in the case, and 
synopsis of the briefs with reference to such standard reports and text 
books as have a special bearing upon the points decided, and each volume 
shall contain, at the end thereof, a full and comprehensive index alpha- 
betically arranged, and there shall be prefixed thereto a table of cases 
decided, a table of cases cited, and a table of statutes and constitutional 
provisions construed. 

Hist. R. C, § 224 ; '03, p. 367, § 3. 

§ 225. Name of reports. Volumes published under the provisions 
of this article shall be called "Idaho Reports, Volume --." Volumes shall 
be numbered consecutively. Each volume shall commence with the deci- 
sions immediately following those reported in the preceding volume. All 
decisions shall be reported in the order in which they were handed down, 
chronologically. All volumes shall be uniform in size and amount of matter- 
contained with volume 1, Idaho Reports, new series, and the style of type 

79 



C. 15 § 226 STATE OFFICERS 

the same and composition shall be similar, and the paper and binding and 
all material and work, including sewing, shall be equally as good, and 
similar to that used in said volume 1, Idaho reports, new series. Each vol- 
ume of said reports when printed shall contain not less than eight hundred 
pages, exclusive of the index thereto. 

Hist. R. C, § 225, with obsolete matter omitted ; 
"03. p. 367, § 4. 

§ 226. Distribution of reports. The reporter shall have no pecuniary 
interest in the reports, but he shall, in his name, but for and on behalf and 
for the sole benefit of the state of Idaho, copyright each and every volume 
of said reports before final issue from press. The decisions of the said 
supreme court shall be prepared for publication, by the reporter, as rap- 
idly as possible, and as soon as a sufficient number of decisions are pre- 
pared to fill a volume, such volume shall be printed, and four hundred 
copies thereof delivered to the state librarian, who shall distribute them 
as follows: To the librarian of congress, two copies; to the Idaho state 
library, five copies ; to the university of Idaho, to the Albion normal school, 
and to the Lewiston normal school, each one copy; to the library at the 
state penitentiary, one copy; to each county prosecuting attorney, one 
copy; to each probate judge, one copy; to each district judge, one copy; 
to each justice of the supreme court, one copy; to the clerk of the supreme 
court, two copies, to be kept in the court room during the sessions of court 
for the use of the bar; to each state and territory in the United States, 
two copies, for the use of the state library thereof; to each foreign state 
or country, sending to this state copies of its printed court reports, two 
copies; to the governor, secretary of state, state treasurer, state auditor, 
attorney general, superintendent of public instruction, state engineer, and 
state mine inspector, each, one copy : Provided, That each public officer 
receiving a copy of any volume or volumes of said reports, under the 
provisions of this section, shall take good care of the same, and shall, upon 
retiring from office, turn the same over to his successor in office : Provided 
fm ther, That copies of any volume of such reports may be again issued 
to any of said officers, institutions, states or territories upon good and 
sufficient proof of loss of the copies sought to be replaced, presented to the 
justices of the suprpme court, who may, by writing signed by a maiority 
of the justices, direct the librarian to furnish another copy of the volume 
so lost, in place thereof, but no direction to furnish another copy shall 
be made in any case, without good and sufficient evidence showing that 
the officer, institution, state or territory sustaining such loss, sustained the 
same without fault or negligence. 

Hist. R. C, § 226, with obsolete matter omitted ; 
'03, v. 367, § 5. 

§ 227. Contract to print reports. The contract to print the reports 
of such decisions shall be let by the reporter with the approval of the 
justices of the supreme court, or a majority thereof, to some person or 
persons who will print the same on terms most advantageous to the state, 
and who will furnish the state with four hundred copies of each volume 
at a cost not to exceed three dollars and fifty cents per copy, per volume, 
and who will agree to furnish copies of the reports to the public at a price 
not exceeding three dollars and fifty cents per copy, per volume : Provided, 
The work shall be done in the state of Idaho, if responsible parties therein 
offer to do said work on terms as favorable to the state as any outside 
bidder. 

Hist. R. C, § 227 ; '03, p. 367, § 6. 

§ 228. Bond of printer. The person to whom the contract for print- 
ing any one or more volumes of reports under the provisions of this article, 

80 



NOTARIES PUBLIC C. 16 § 236 

may be awarded, shall give a good and sufficient bond running to the state, 
in the penal sum of five hundred dollars for each volume, conditioned that 
he will faithfully perform all the requirements of said contract and all of 
the provisions of this article. 

Hist. R. C, § 228 ; '03, p. 367. § 7. 

§ 229. Receipt to printer. The librarian of the state library shall 
give to the contracting printer a receipt for all copies of reports of said 
decisions delivered to him by such printer, and the librarian shall keep a 
correct record, in a book kept especially for that purpose, of all volumes 
received and distributed under the provisions of this article, and shall 
take a receipt for all copies of such reports distributed, and file and pre- 
serve the same. 

Hist. R. C, $ 229 ; '03, p. 367, § 8. 

ARTICLE 4. 
OTHER COURT OFFICERS. 

§ 230. Cross reference to other court officers. Other officers of 
courts are the clerks of the district courts; clerks of the probate courts; 
stenographic reporters, and the crier, bailiff and messenger of the supreme 
court. The office, bond, fees and general duties of the clerks of the district 
courts are provided for elsewhere in this code, and the appointment, com- 
pensation and duties of the other officers mentioned in this section are 
provided for in the code of civil procedure and the penal code. 

Hist. R. C, § 230. 2121. Clerks of probate courts: § 3844. Steno- 

Cross ref. Clerks of the district courts: Elec- graphic reporters: §$3980-3988. Supreme court 

tion: Const. V, 16; duties in general, §§ 2049-2051; cner > balllff and messenger: § 3822. 

deputies: §§ 1975-1980; bond: § 1987; fees: § 

CHAPTER 16. 

NOTARIES PUBLIC. 

§ 231. Appointment and commission. The governor may appoint 
and commission as many notaries public, having the qualification of elec- 
tors, as he may deem necessary, who shall be appointed for the state and 
shall hold office for the term of four years. 

Hist. '15, c. 45, § 1, p. 131 ; R. S., § 285 ; R. C, only for the county in which they resided and could 
<; 281. (See '67, p. 47, § 1 ; '73, p. 59, § 1.) Prior not legally take acknowledgments outside of said 
to amendment of '15 notaries public were appointed county. 

§ 232. Oath and Bond. Each notary public before entering upon 
the duties of his office must take the usual oath of office, which must be 
indorsed upon his bond, and must execute a bond to the state of Idaho 
m the sum of one thousand dollars, with two or more sufficient sureties, 
to be approved by the probate judge of the county in which said notary 
resides : Provided, That any bond being furnished by any bonding or surety 
company authorized to do business in the state, shall not be required to be 
approved by the probate judge. 

Hist. '15, c. 45, § 2, p. 131 : '67, p. 47, § 2 ; '68, 
p. 99, § 1 ; R. S., § 286 ; R. C, § 232. 

§ 233. Same: Filing. The bond, with the oath of office indorsed 
thereon and duly attested, together with a specimen of the signature, and 
impress of the official seal of the appointee, must be filed in the office of 
the secretary of state. At the issuance of any commission each appointee 
must pay the sum of ten dollars to said secretary, who must keep an 
account of the same and pay one-half thereof to the state library fund, 
and may apply the residue as his fees in that behalf. 

Hist. R. C, § 233; R. S., § 287. (See '67, p. 47, Comp. leg.— Cal. Different: Pol. C 1H72. $ 800; 

§ 3; '68, p. 99, § 2.) as amended: Kerr's C, ib. 

§ 236. General duties. It is the duty of a notary public : 

1. When requested, to demand acceptance and payment of foreign, 

81 



C. 16 § 237 STATE OFFICERS 

domestic and inland bills of exchange, or promissory notes, and protest 
the same for nonacceptance and nonpayment, and to exercise such other 
powers and duties as by the law of nations and according to commercial 
usages, or by the laws of any other state, territory, government or country, 
may be performed by notaries. 

2. To take the acknowledgment or proof of powers of attorney, mort- 
gages, deeds, grants, transfers, and other instruments of writing executed 
by any person, and to give a certificate of such proof or acknowledgment 
indorsed on, or attached to, the instrument. 

3. To take depositions and affidavits, and to administer oaths and 
affirmations, in all matters incident to the duties of the office, or to be 
used before any court, judge, officer, or board in this state. 

4. To keep a record of all official acts done by him under the first 
subdivision of this section. 

5. When requested, and upon payment of his fees therefor, to make 
and give a certified copy of any record in his office. 

6. To provide and keep an official seal, upon which must be engraved 
his name, the words "Notary Public" and "State of Idaho." 

7. To authenticate with his official seal all official acts. 

8. To affix to his signature his official title and his place of residence. 

Hist. '15, c. 45, § 3, p. 132, corrected ; R. S., has taken place, new seals and commissions are not 

§ 289 (see '67, p. 47, §§ 4-11) ; R. C, § 236. necessary for notaries commissioned in the old coun- 

Comp. leg.— Cal. Similar: Pol. C. 1872, § 794; ty, hut by division now located in the new. O. A. 

Kerr's C., ib. ". 1 ^" 16, P- 32 - 

", , __ ,. . . Cross ref. Notary public may take acknowledg- 

In newly created county: Where county division ments: $ 3124. 

§ 237. Protest as evidence of facts. The protest of a notary, under 
his hand and official seal, of a bill of exchange or promissory note, for 
nonacceptance or nonpayment, stating the presentment for acceptance 
or payment, and the nonacceptance or nonpayment thereof, the service 
of the notice on any or all of the parties to such bill of exchange or promis- 
sory note, and specifying the mode of giving such notice and the reputed 
place of residence of the party to such bill of exchange or promissory 
note, and of the party to whom the same was given, and the postoffice 
nearest thereto, is prima facie evidence of the facts contained therein. 

Hist. R. C, § 237; R. S., § 290. (See '67, p. 47, Comp. leg.— Cal. Same except "primary" for 

§ 12.) "prima facie," in the last line: Pol. C. 1872, § 795; 

same as amended : Kerr's C, ib. 

§ 238. Removal, death or resignation. If any notary die, resign, 
is disqualified or removed from office, his records and all his public papers 
must within thirty days, be delivered to the recorder of the county in which 
he resided. 

Hist. '15, c. 45, § 4, p. 132; '67, p. 47, § 14 ; R. Comp. leg.— Cal. Similar: Pol. C 1872, § 796; 

S., § 291 ; R. C, § 238. Kerr's C, ib. 

§ 239. Certified copies of predecessor's records. Every notary hav- 
ing in his possession the records and papers of his predecessor in office, 
may grant certificates or give certified copies of such records and papers, 
in like manner and with the same effect as such predecessor could have 
done. 

Hist. R. C, § 239 ; '67, p. 47, § 16 ; R. S., § 292. 
Comp. leg.— Cal. Same: Pol. C. 1872, § 797; 
Kerr's C, ib. 

§ 240. Fees of notaries. The fees of notaries are as follows : 
For drawing and copying every protest for nonpayment of a promis- 
sory note, or for the nonpayment or nonacceptance of a bill of exchange, 
draft or check, three dollars, said sum shall be in full payment of all fees 
for services of such notaries for drawing and serving every notice of 
nonpayment of a promissory note, or of the nonpayment or nonaccept- 
ance of a bill of exchange, order, draft or check, or for recording every 

82 






COMMISSIONERS OF DEEDS C. 17 § 245 

protest, or for any other services necessary by such notaries in connection 
therewith. 

For taking an acknowledgment or proof of a deed or other instrument, 
to include the seal and the writing of the certificate, fifty cents. 

For administering and certifying an oath, twenty-five cents. 

For every certificate under seal, to include writing the same, fifty cents. 

Hist. R. C, § 240; R. S., § 293; '07, p. 156, § 1. 
Comp. leg.— Cal. See Pol. C. 1872, § 798; as 
amended: Kerr's C, ib. 

§ 241. Certificate to be transmitted to clerk. Each notary, as soon 
as he has taken his official oath and filed his official bond, must transmit 
a certificate of the facts, under the hand and seal of the secretary of state, 
to the clerk of the district court for his county. 

Hist. R. C, § 241 ; R. S., § 294. 
Comp. leg.— Cal. Similar: Pol. C. 1872, § 800; 
different as amended: Kerr's C, ib. 

§ 242. Liability for misconduct. For the official misconduct or 
neglect of a notary public, he and the sureties on his official bond are liable 
to the parties injured thereby for all the damages sustained. 

Hist. R. C, $ 242; R. S., § 295. (See '67, p. 47, Comp. leg.— Cal. Same: Pol. C. 1872, § 801; 

§ 13.) Kerr's C, ib. 

§ 242a. Commissions under former law validated. All notarial 
commissions issued prior to May 7, 1915, shall continue in force for the 
full terms for which they were granted, and all acts of said appointed 
notaries and their official seals, shall, during the full term of their respec- 
tive commissions, be of like validity and effect as those who may be 
appointed under the provisions of this amended article. 

Hist. '15, c. 45, § 6, p. 132. 

CHAPTER 17. 

COMMISSIONERS OF DEEDS. 

§ 243. Appointment. The governor may appoint in each state or 
territory of the United States, or in any foreign state, one or more com- 
missioners of deeds, to hold office for the term of four years from and after 
the date of their commission. 

Hist. R. C, § 243; R. S., § 300. (See '64, p. Comp. leg. — Cal. Same except "or territory" 

f,22, S 1.) omitted: Pol. C. 1872, 5j 811; Kerr's C, ib. 

§ 244. General duties. Every commissioner of deeds has power, 
within the state for which he is appointed : 

1. To administer and certify oaths. 

2. To take and certify depositions and affidavits. 

3. To take and certify the acknowledgment or proof of powers of 
attorney, mortgages, transfers, grants, deeds, or other instruments, for 
record. 

4. To provide and keep an official seal, upon which must be engraved 
the words, "Commissioner for the State of Idaho," and the name of the 
commissioner. 

5. To authenticate, with his official seal, all his official acts. 

Hist. R. C, § 244; R. S., § 301. (See '64, p. Comp. leg.— Cal. Similar: Pol. C. 1872, § 812; 

522, § 1.) Kerr's C, ib. 

§ 245. Effect of commissioner's acts. All oaths administered, depo- 
sitions and affidavits taken, and all acknowledgments and proofs certified 
by commissioners of deeds, have the same force and effect, to all intents 
and purposes, as if done and certified in this state by any officer authorized 
by law to perform such acts. 

Hist. R. C, § 245; R. S., § 302. (See '64, p. Comp. leg.— Cal. Same: Pol. C. 1872, § 818; 

522. S 2.) Kerr's C, ib. 

83 



C. 17 § 246 STATE OFFICERS 

§ 246. Filing of oath. The official oaths of commissioners of deeds 
must be filed in the office of the secretary of state within six months after 
they are taken. 

Hist. R. C, § 246; R. S., § 303. (See '64, p. Comp. leg.— Cal. Same: Pol. C. 1872, § 814; 

522, § 3.) Kerr's C, ib. 

§ 247. Fees. The fees of commissioners of deeds are the same as 
those prescribed for notaries public. 

Hist. R. C, § 247 ; R. S., § 304. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 815; 
Kerr's C, ib. 

Cross ref. Fees of notaries: § 240. 

§ 248. Copy of chapter to be transmitted. The secretary of state 
must transmit, with the commission to the appointee, a certified copy of 
this chapter. 

Hist. R. C, § 248; R. S., § 305. (See '64, p. Comp. leg.— Cal. Same: Pol. C. 1872, § 817; 

522, § 4.) Kerr's C, ib. 

§ 249. Fee for issuing commission. The secretary of state is entitled 
to receive a fee of five dollars for issuing each commission under the 
provisions of this chapter, to be paid by the party applying therefor. 

Hist. R. C, § 249 ; '75, p. 674, § 5 ; R. S., § 306. 



84 



TITLE III. PUBLIC OFFICERS. 

CHAPTER 18. 
GENERAL PROVISIONS APPLICABLE TO ALL OFFICERS. 

ARTICLE 1. 
QUALIFICATIONS AND RESTRICTIONS ON RESIDENCE. 

§ 250. Qualifications in general. Every qualified elector shall be 
eligible to hold any office of this state for which he is an elector, except 
as otherwise provided by the constitution. 

Hist. R. C § 250 ; '90-'91, p. 57, § 5, reenacted by tive officers: Const. IV, 3. Of district judges: 

'99, p. 33, § 5. Const. V, 23. Prosecuting attorneys: Const. V, 18. 

Cross, ref. Qualifications of electors: Const. VI, Disqualifications to hold office enumerated. Const. 

2. Of legislative officers: Const. Ill, 6. Of execu- *I, 3. 

§ 251. Legislators disqualified from holding certain offices. It shall 
be unlawful for any member of the legislature, during the term for which 
he was elected, to accept or receive, or for the governor, or other official 
or board, to appoint such member of the legislature to, any office of trust, 
profit, honor or emolument, created by any law passed by the~Iegis!ature 
of which he is a member. Any appointment made in violation of this 
section shall be null and void and without force and effect, and any attempt 
to exercise the powers of such office by such appointee shall be a usurpa- 
tion, and the appointee shall be deemed guilty of a misdemeanor, and, on 
conviction, shall be fined not less than five hundred dollars nor more than 
five thousand dollars. 

Hist. R. C. § 251; '07, p. 308, §§ 1, 2. Legislator as county commissioner: There is no 

Comp. leg.— Miss. Similar: Const. VI, 29. S. v. l««al "f «>£ why a member of the legislature should 

Gooding (1912) 22 I. 128, 124 P. 791. not hold office as a county commissioner. O. A. G. 

U. S. Similar: U. S. R. S. § 1854. 15 "i, b ' P .' 3 . ' . . .. , .. . . . . . 

Office incident to creation of district: An act 

Scope: Statutory proceedings for the removal of v.hich makes it possible for the people to organize a 

officers being quasi criminal in character, the dis- district and thereby bring into existence an office, 

qualifications mentioned herein, will not be extended does not crea te such office. S. v. Gooding (1912) 22 

to persons who do not come clearly within their j j28 124 P 791 
scope. S. v. Gooding (1912) 22 I. 128, 124 P. 791. 

§ 252. Residence of certain officers. The following officers must 
reside at and keep their offices in Boise City : 
The governor; 
Secretary of state ; 
Auditor ; 
Treasurer ; 
Attorney general ; 

Superintendent of public instruction, and 
Clerk of the supreme court. 

Hist. R. C. § 252 ; R. S. § 325. 

Comp. leg.— Cal. Similar: Pol. C. 1872, § 852; 
Kerr's C, ib. 

§ 253. Absence of state officers. No state or district officer must 
absent himself from the state or district for more than thirty days, unless 
upon business of the state, or with the consent of the governor. 

Hist. R. C. § 253; R. S. § 326; '90-'91, p. 21, § 1, Comp. leg.— Cal. See Pol. C 1872, $ 853; as 

reenacted by '99, p. 13, § I. amended: Kerr's C, ib. 

§ 254. Offices to be provided in capitol building. The officers enu- 
merated in section 252 may occupy, without rent or charge, the offices 
provided for them respectively in the capitol building; and no pay or 

85 



c. 18 § 255 



PUBLIC OFFICERS 



allowance must be made to any one of said officers for rent, fuel, or lights 
whether such officer occupy such office or not. 



Hist. R. C. § 254 ; R. S. 



327. 



ARTICLE 2. 



PROHIBITIONS AGAINST CONTRACTS WITH OFFICERS. 

§ 255. Officers not to be interested in contracts. Members of the 
legislature, state, county, city, district and precinct officers, must not be 
interested in any contract made by them in their official capacity, or by 
any body or board of which they are members. 



Hist. R. C. § 255; R. S. § 365. 

Comp. leg. — Cal. Same except "and township" for 
"district and precinct": Pol. C. 1872, § 920; Kerr's 
C, ib. 

Cross ref. Employees of insane asylum not to be 
interested in contracts, § 755. County officers not 
to present claims, § 1946. City officers not to pre- 
sent claims, § 2279. 

Prohibited contracts: A contract made between 
the secretary of state and a printing company where- 
by the former is to receive a part of the compensa- 
tion payable to the latter for printing session laws 



and legislative journals, is within the prohibitions of 
this section. Anderson v. Lewis (1898) 6 I. 51, 52 
P. 163. 

Cited: (Dis. op.) Ponting v. Isaman (1901) 7 I. 
581, 65 P. 434; Nuckols v. Lyle (1902) 8 I. 589, 70 
P. 401; Robinson v. Huffaker (1912) 23 I. 173, 129 
P. 334; Collman v. Wanamaker (1915) 27 I. 342, 
348, 149 P. 292. 

Official's primary duty: An official's duty is to 
give to the public service the full benefit of a dis- 
interested judgment. McRoberts v. Hoar (1915) 28 
I. 163, 152 P. 1046. 



§ 256. Nor in sales. State, county, district, precinct and city officers 
must not be purchasers at any sale nor vendors at any purchase made by 
them in their official capacity. 



Hist. R. C. § 256 ; R. S. § 366. 

Comp. leg. — Cal. Same except "township" for 
"district, precinct": Pol. C. 1872, § 921; Kerr's 
C, ib. 



Cross ref. Penalty for officers purchasing at 

sales: § 6384. 

Cited: (In brief of counsel) Collman v. Wana- 
maker (1915) 27 I. 342, 344. 



§ 257. Prohibited contracts voidable. Every contract made in vio- 
lation of any of the provisions of the two preceding* sections may be 
avoided at the instance of any party except the officer interested therein. 



Hist. R. C. § 257 ; R. S. § 367. 

Comp. leg.— Cal. Same : Pol. C. 1872, § 922 ; 
Kerr's C, ib. 

Cited: Nuckols v. Lyle (1902) 8 I. 589, 70 P. 401. 



(In brief of counsel) Collman v. Wanamaker (1915) 
27 I. 342, 344. (In brief of counsel) Re Howell 
(1915) 27 I. 590, 150 P. 19. 



§ 258. Dealing in warrants prohibited. The state treasurer and 
auditor, the several county, city, district or precinct officers of this state, 
their deputies and clerks, are prohibited from purchasing or selling, or 
in any manner receiving to their own use or benefit, or to the use or benefit 
of any person or persons whatever, any state, county, or city warrants, 
scrip, orders, demands, claims, or other evidences of indebtedness against 
the state, or any county or city thereof, except evidences of indebtedness 
issued to or held by them for services rendered as such officer, deputy or 



Scope: This section was a part of an act en- 
titled "An act to prevent officers from dealing in 
certain securities." Use of word "dealing" clearly 
indicates intention of legislature to preclude officers 
from dealing in such securities in any manner. 
Libby v. Pelham (1917) 30 I. 614, 166 P. 575. 



clerk, and evidences of the funded indebtedness of such state, county, city, 
district or corporation. 

Hist. R. C. § 258, with the words "or to the use 
or benefit" preceding "of any person" restored on 
authority of Libby v. Pelham (1917) 30 I. 614, 166 P. 
575; R. S. § 368. (See '75, p. 667, § 1.) 

Comp. leg. — Cal. Similar: Pol. C. 1872, § 923; 
Kerr's C, ib. 

Cross ref. Penalty for officers dealing in scrip : 

§ 6384. 

§ 259. Officers to make affidavit. Every officer whose duty it is to 
audit and allow the accounts of other state, county, district, city or pre- 
cinct officers, must, before allowing such accounts, require each of such 
officers to make and file with him an affidavit that he has not violated any 
of the provisions of this chapter. 

Hist. R. C. § 259 ; R. S. § 369. "district, city or precinct," line 2 : Pol. C. 1872, § 

Comp. leg. — Cal. Same except "city or town" for 924 ; Kerr's C, ib. 

§ 260. Duty of disbursing officers. Officers charged with the dis- 
bursement of public moneys must not pay any warrant or other evidence 
of indebtedness against the state, county, city or district, when the same 



KS 



86 



GENERAL PROVISIONS C. 18 § 268 

has been purchased, sold, received or transferred contrary to any of the 
provisions of this chapter. 

Hist. R. C. § 260 ; R. S. § 370. rants through husband as agent, who was at that 

Comp. leg.— Cal. Same except "or town" for "or t \ me . county commissioner, treasurer is without au- 

district," line 3: Pol. C. 1872, 8 925; Kerr's C, ib. thority to pay same. Libby v. Pelham (1917) 30 

A 1- WU --P u J * L 614 ' 166 p - 575 - 

Application: Where wife purchased county war- 

§261. Prosecution of offenders. Every officer charged with the 
disbursement of public moneys, who is informed by affidavit that any 
officer whose account is to be settled, audited, or paid by him, has violated 
any of the provisions of this chapter, must suspend such settlement or 
payment, and cause such officer to be prosecuted for such violation. 

Hist. R. C. § 261; R. S. § 371. (See '75, p. 667, after "is," line 3: Pol. C. 1872, § 926; additional 
§ 5.) provision as amended: Kerr's C. ib. 

Comp. leg. — Cal. Same except "about" inserted 

ARTICLE 3. 
NOMINATIONS AND COMMISSIONS. 

§ 262. Nominations to be in writing. Nominations made by the 
governor to the senate must be in writing, designating the residence of 
the nominee and the office for which he is nominated. 

Hist. R. C § 262 ; R. S. § 335. . 
Comp. leg.— Cal. Same: Pol. C 1872, § 889; 
Kerr's C, ib. 

§ 263. Resolution of concurrence. Whenever the senate concurs in 
a nomination, its secretary must immediately deliver a copy of the resolu- 
tion of concurrence, certified by the president and secretary, to the 
governor. 

Hist. R. C § 263; R. S. § 336. 

Comp. leg.— Cal. Similar: Pol C 1872, § 890; 
Kerr's C, ib. 

§ 264. Commissions by governor. The governor must commission : 

1. All officers of the militia. 

2. All officers appointed by the governor, or by the governor with the 
advice and consent of the senate. 

Hist. R. C § 264 ; R. S. § 337. 
Comp. leg.— Cal. Same in part: Pol. C 1872, § 
891 ; Kerr's C, ib. 

§ 265. Form of commission. The commissions of all officers com- 
missioned by the governor must be issued in the name of the people of 
this state, and must be signed by the governor and attested by the secretary 
of state, under the great seal. 

Hist. R. C § 265; R. S. § 338. 
Comp. leg.— Cal. Same: Pol. C 1872, § 892; 
Kerr's C, ib. 

§ 266. Other commissions. The commissions of all officers, where 
no special provision is made by law, must be signed by the presiding 
officer of the body, or by the person, making the appointment. 

Hist. R. C § 266 ; R. S. § 339. 
Comp. leg.— Cal. Same: Pol. C 1872, § 893; 
Kerr's C, ib. 

§ 267. Appointment of deputies. The appointment of deputies, 
clerks, and subordinate officers, when not otherwise provided for, must 
be made in writing, filed in the office of the appointing power or the office 
of its clerk. 

Hist. R. C § 267 ; R. S. § 340. 

Comp. leg.— Cal. Same: Pol. C 1872, § 894; 
Kerr's C, ib. 

ARTICLE 4. 

OATH OF OFFICE. 

§ 268. Form of oath. Before any officer elected or appointed to fill 
any office, created by the laws of the state of Idaho, enters upon the 

87 



C. 18 § 269 PUBLIC OFFICERS 

duties of his office, he must take and subscribe an oath, to be known as 
the official oath, which is as follows : 

I do solemnly swear (or affirm) that I will support the constitution 
of the United States, and the constitution and the laws of this state ; that 

I will faithfully discharge all the duties of the office of according 

to the best of my ability. So help me God. 

Hist. R. C. § 268; R. S. § 350; '95, p. 14, § 1, Cross ref. Oath of members of the legislature: 

reenacted '99, p. 234, § 1. Const. Ill, 25; of mine inspector: § — — . 

Comp. leg.— Cal. Similar: Pol. C. 1872, § 904; 
Kerr's C, ib. 

§ 269. Time of taking oath. Whenever a different time is not pre- 
scribed by law, the oath of office must be taken, subscribed and filed within 
ten days after the officer has notice of his election or appointment, or 
before the expiration of fifteen days from the commencement of his term 
of office, when no such notice has been given. 

Hist. R. C. § 269 ; R. S. § 353. taking of oath of office are directory and not man- 

Comp. leg.— Cal. Same : Pol. C. 1872, § 907 ; datory, and with the approval of the proper authori- 

Kerr's C ib ties, an officer can take his oath of office after the 

_. .' ". .. _. „ , . ,, time fixed by law therefor. O. A. G. '15-'16, p. 35. 

Time of taking oath : Statutes fixing time for the 

§ 270. Before whom taken. Except when otherwise provided, the 
oath may be taken before any officer authorized to administer oaths. 

Hist. R. C. § 270 ; R. S. § 354. 

Comp. leg.— Cal. Same: Pol. C 1872, § 908; 
Kerr's C, ib. 

§ 271. Same: County officers. The oath of office must be taken by 
county commissioners before the county recorder of their respective coun- 
ties, on the second Monday of January succeeding each general election, 
and on the same day the other county officers must take and subscribe the 
official oath before the chairman of the board. 

Hist. R. C § 271; '95, p. 139, § 1, reenacted '99, Cited: Castle v. Bannock Co. (1901) 8 I. 124, 

P. 67, § 4. 67 P. 35. 

§ 272. Where filed. Every oath of office, certified by the officer 
before whom the same was taken, must be filed within the time required 
by law, except when otherwise specially directed, as follows: 

1. The oath of all officers whose authority is not limited to any par- 
ticular county, in the office of the secretary of state. 

2. The oath of all officers elected or appointed for any county, district 
or precinct, in the offices of the recorder of their respective counties. 

Hist. R. C. § 272 ; R. S. § 356. 
Comp. leg.— Cal. Similar: Pol. C 1872. § 909; 
additional provisions as amended : Kerr's C, ib. 

§ 273. Oath of deputies. Deputies, clerks, and subordinate officers 
must take and file an official oath before entering upon their duties. 

Hist. R. C § 273; R. S. § 357. 

Comp. leg.— Cal. Different: Pol. C 1872, § 910; 
Kerr's C, ib. 

ARTICLE 5. 
SALARIES OF OFFICERS. 

§ 274. Salaries of state elective officers. The governor, secretary 
of state, state auditor, state treasurer, attorney general, and superin- 
tendent of public instruction, shall, during their continuance in office, 
receive for their services compensation as follows: 

Governor, five thousand dollars per annum; 

Secretary of state, three thousand dollars per annum ; ■ 

State auditor, three thousand dollars per annum, said salary to be 
audited by the state treasurer ; 

Attorney general, four thousand dollars per annum ; 

State treasurer, four thousand dollars per annum ; 

Superintendent of public instruction, two thousand four hundred dol- 
lars per annum, and 

88 



GENERAL PROVISIONS C. 18 § 278 

State mining inspector, two thousand four hundred dollars per annum. 

Such compensation shall be paid quarterly as due out of the state 
treasury, and shall be in full for all services, by said officers respectively 
rendered in any official capacity or employment whatever during their 
respective terms of office ; but no increase of compensation shall affect the 
salaries of such officers during their present term of office: Provided, 
however, That the actual and necessary expenses of the governor, lieu- 
tenant governor, secretary of state, attorney general, and superintendent 
of public instruction while traveling within the state, or between points 
within the state, in the performance of official duties, shall be allowed and 
paid by the state; not, however, exceeding such sum as shall be appro- 
priated for such purpose. 

No officer named in this section shall receive, for the performance of 
any official duty, any fee for his own use, but all fees fixed by law for the 
performance, by either of them, of any official duty, shall be collected in 
advance, and deposited with the state treasurer to the credit of the state. 

Hist. R. C. § 274, with the word "quarterly" Cross ref. Salaries as fixed by Const. IV, 19. 

omitted, on authority of '09, p. 359, S. B. 164; '07, Officers to receive no fees for their own use: lb. 

p. 465, § 1, modified by R. S. § 218. Diminution and increase of compensation : Const. 

Cited: Woods v. Bragaw (1907) 13 I. 607, 92 P. v » 27 - Legislature may provide for expenses: lb. 
576. 

§ 275. Salaries of judges. The salary of the justices of the supreme 
court shall be five thousand dollars per annum, and the salary of the 
judges of the district courts shall be four thousand dollars per annum. 
Such compensation shall be paid quarterly out of the state treasury, but 
no justice of the supreme court or judge of the district court shall be paid 
his salary or any part thereof, unless he shall have first taken and sub- 
scribed an oath that there is not in his hands any matter in controversy 
not decided by him, which has been finally submitted for his consideration 
and determination thirty days prior to his taking and subscribing said 
oath. 

Hist. R. C § 275; '07, p. 465, § 2. judges of district courts: Const. V. 17. Expenses 

Cited: Woods v. Bragaw (1907) 13 I. 607, 92 P. <J? justices of supreme court: § 3823. Expenses of 
57g district judges: § 3836. 

Cross, ref. Salaries of justices of supreme and 

§ 276. Time of payment of salaries. The salaries of all state and 
district officers, whose salaries are paid from the state treasury, shall be 
paid quarterly, on the second Monday of January, April, July and October, 
of each year, out of any money in the treasury not otherwise appropriated. 

Hist. R. C § 276 ; '90-'91, p. 204, § 1, reenacted auditor to draw a warrant therefor is sufficient ap- 
'99, p. 142, § 1. propriation. Reed v. Huston (1913) 24 I. 26, 132 

Appropriation: Where a salary has been fixed by *' ^\£ n £ ft* 8 ' 1915A « Rich V> HuSt ° n (1913) U 
the legislature for a constitutional office, a statute l - 64 ' l6Z *• ilz - 
directing the payment of salaries, authorizing the 

§ 277. Salary when title is contested. When the title of the incum- 
bent of any office in this state is contested by proceedings instituted in any 
court for that purpose, no warrant can thereafter be drawn or paid for 
any part of his salary until such proceedings have been finally determined. 

Hist. R. C § 277 ; R. S. § 380. during the pendency of a trial over the right to the 

Comp. leg.— Cal. Same:' Pol. C 1872, § 936; °. ffice ' ". does *<* Preclude the board of commis- 

additional provision as amended: Kerr's C. ib. sloner9 f f / om allowing the de fa to officer the 

amount of expenses incurred by him in behalf ot the 

Cited: Gorman v. Havird (1891) 10 S. C. R. 943, county in the administration of the office. Havird 

141 U. S. 206, 35 S. C. R. (Law ed.) 717. v . Board of Commissioners (1890) 2 I. 687. 24 P. 

Allowance of expenses: While this section pro- 542. 
hibits the payment of a salary to a de facto officer 

§ 278. Same : Certificate of pending suit. As soon as such pro- 
ceedings are instituted, the clerk of the court in which they are pending 
must certify the facts to the officers, whose duty it would otherwise be to 
draw such warrant or pay such salary. 

Hist. R. C § 278; R. S. § 381. 
Comp. leg.— Cal. Same: Pol. C 1872, § 937; simi- 
lar as amended : Kerr's C, ib. 

89 



c. 18 § 278a public officers 

§ 278a. Salary suspended during failure to report. Any officer, or 
deputy, failing to report in the form prescribed by the state auditor for 
all public moneys collected by him on behalf of the state, shall not be 
allowed any salary or compensation during the period of such failure. 

Hist. '13, c. 42, § 7, p. 146. 

Cross ref. State auditor to prescribe form of re- 
port: § 104a. 

ARTICLE 6. 
REPORTS OF OFFICERS. 

§ 279. Reports to be printed and delivered to secretary. All an- 
nual and biennial reports of state officers and state boards of control, both 
elective and appointive, which are now authorized or which may be here- 
after authorized by law to issue such reports, shall be compiled, printed 
and delivered to the secretary of state, on or before the first day of Decem- 
ber of the last year which said reports cover, to be by him delivered to 
the persons hereinafter mentioned, said reports to be of uniform size, 
quality and print. 

Hist. R. C § 279 ; '03, p. 149, § 1. 

§ 280. Distribution of reports. There shall be delivered to the sec- 
retary of state on or before the first day of December of the said year, to 
be by him receipted for, at least three hundred copies of each of the said 
reports for distribution as follows: One copy of each to the governor; 
one to each head of the executive departments of the government ; one of 
each to each member of the legislature, on the first day of the session, or 
sooner if practicable, and the remainder to such citizens as the secretary 
of state may deem proper. 

Hist. R. C § 280 ; '03, p. 149, § 2. 

§ 281. Failure to make report a misdemeanor. Any failure to com- 
ply with the provisions of the two preceding sections by the person or 
persons charged by law with the duty of making, compiling and delivering 
said reports as in said sections provided for, shall be a misdemeanor, and 
upon conviction thereof in any court of competent jurisdiction the person 
so failing shall be fined in any sum not less than two hundred dollars, nor 
more than three hundred dollars, and upon notification from the secretary 
of state to the prosecuting attorney of any county wherein such offense 
shall have been committed, it shall be his duty to prosecute such person 
or persons, and collect such fine as may by such court be imposed, and 
upon the collection thereof to deposit the same with the secretary of state 
for the benefit of the general school fund. 

Hist. R. C § 281; '03, p. 149, § 3. 

§ 281a. Subpoenas for officers failing to report. In case any county 
or other officer of this state, who is authorized or directed by law to make 
certain or any reports to the state auditor, or to the state treasurer, or 
to the state board of land commissioners, or to any other official or board 
of this state, shall fail or neglect to transmit such report, or reports, or 
funds, by registered mail, or draft, express or money order, within the 
time provided by law for the sending of such report, or reports, or funds, 
and in case the said report, or reports, or funds, have not been received 
by the state auditor, or state treasurer, or any officer or board to whom 
said report, or reports, or funds, should be made or delivered, within five 
days after the last day of the time in which said report, or reports, or 
funds, are required by law to be transmitted or delivered, then and in that 
case the state auditor, the state treasurer, or the officer or board to whom 
such report, or reports, or funds, must be made as required by law, shall 
forthwith issue a subpoena for any officer or officers so failing or neglect- 

90 



GENERAL PROVISIONS C. 18 § 281f 

ing to transmit the same, requiring such officer or officers to appear forth- 
with before the state auditor, or state treasurer, or officer or board issuing 
said subpoena, and produce said report, or reports, or funds aforesaid. 

Hist. R. C. § 281a; '99, p. 432, § 1. 

§ 281b. Sheriffs to serve subpoenas. The sheriffs of the several 
counties are hereby designated as the officers by whom such subpoenas shall 
be served, and for such services said sheriffs shall be paid the same com- 
pensation as is by law provided for similar services in civil cases. The 
officer so failing or neglecting to transmit such report, or reports, or funds, 
must pay forthwith to the sheriff aforesaid the compensation for services 
allowed in this section, and shall be liable upon his official bond for the 
compensation due said sheriff. 

Hist. R. C. § 281b; '99, p. 432, § 2. 

ARTICLE 7. 
BUDGET. 

§ 281c. Financial report and budget of state institutions. The state 
board of education and board of regents of the university of Idaho, and 
the boards of trustees of the state penitentiary, soldiers' home, state sani- 
tariums, and any other state institutions shall, on or before the 15th day 
of December, 1914, and biennially thereafter, file with the state board of 
examiners an itemized account of all expenditures for the previous two 
years, and such boards and officers shall at the same time file with 
such board of examiners an itemized estimate of the necessary funds which 
the incoming legislature will be asked to appropriate for such state insti- 
tutions. 

Hist. '13, c. 136, § 1, p. 487. 

§ 28 Id. Financial report and budget of state officers. The heads 
of each department of the state government and all officers maintained by 
the state of Idaho and requiring an appropriation for the maintenance of 
such department or officers shall, on or before the loth day of December, 
1914, and biennially thereafter, file an itemized statement of the expendi- 
tures of such department or officer for the previous two years, and 
such departments or officers shall at the same time file with such board 
of examiners an itemized estimate of the necessary funds which the in- 
coming legislature will be asked to appropriate for such departments or 
officers. 

Hist. '13, c. 136, § 2, p. 487. 

§ 281e. State budget: Duty of state board of examiners. It shall 
be the dutv of the state board of examiners to prepare and compile such 
reports and estimates and to examine the same, and to transmit such list 
of expenditures and estimates to the speaker of the next succeeding house 
of representatives, together with the report thereon, if any, by such board, 
and the said speaker shall, as soon as the appropriation committee is ap- 
pointed, deliver such itemized statement of expenditures and estimates to 
the chairman of the appropriation committee. 

Hist. '13, c. 136, § 3, p. 488. 

§ 281 f. Penalty for failure to comply. Any officer, member of the 
board of education or board of trustees, or the head of any department of 
the state government neglecting to comply with the provisions ot 
article shall be deemed guilty of a misdemeanor and, upon conviction 
shall be punished by a fine not to exceed the sum of $500. 

Hist. '13, c. 136, § 4, p. 488. 

91 



c. 18 § 281g 



PUBLIC OFFICERS 



ARTICLE 8. 
NEPOTISM. 

§ 281g. Nepotism defined. An executive, legislative, judicial, min- 
isterial, or other officer of this state or of any district, county, city, or other 
municipal subdivision of the state, including road districts, who appoints 
or votes for the appointment of anx person related to him or to any of 
his associates in office by affinity or consanguinity within the third degree, 
to any clerkship, office, position, employment, or duty, when the salary, 
wages, pay or compensation of such appointee is to be paid out of public 
funds or fees of office, or who appoints or furnishes employment to any 
person whose salary, wages, pay, or compensation is to be paid out of 
public funds or fees of office, and who is related by either blood or mar- 
riage within the third degree to any other executive, legislative, judicial, 
ministerial, or other public officer, when such appointment is made on the 
agreement or promise of such other officer or any other public officer to 
appoint or furnish employment to any one so related to the officer making 
or voting for such appointment/ is guilty of a misdemeanor involving 
official misconduct and upon conviction thereof shall be punished by fine 
of not less than ten dollars or more than one thousand dollars, and such 
officer making such appointment shall forfeit his office and be ineligible 
for appointment to such office for one year thereafter. 

Hist. '15, c. 10, § 1, p. 40. 

Associates in office: "Associates in office" are 
those who are united in action, who have a common 
purpose, who share the responsibility or authority 
and among whom is reasonable equality, those who 
are authorized by law to perform the duties jointly 
or as a body, as boards or councils under the law. 
Barton v. Alexander (1915) 27 I. 286, 148 P. 471. 
The commandant of the soldiers' home is not an 
associate in office of the board of trustees of the 
soldiers' home. lb. 

Degrees of kindred : The degrees of kindred are 
computed according to the rules of the civil law as 
provided in § 5705. Barton v. Alexander (19151 
27 I. 286, 148 P. 471. 

§ 281h. Allowance of claims of ineligibles. An officer of this state 
or any district, county, city, or other municipal subdivision of the state 
who pays out of any public funds under his control or who draws or 
authorizes the drawing of any warrant or authority for the payment out 
of any public fund of the salary, wages, pay, or compensation of any such 
ineligible person, knowing him to be ineligible, is guilty of a misdemeanor 
and shall be punished as provided in the preceding section. 



Reciprocal appointment: The head of one depart- 
ment of the state, county or municipal government 
may, when the sole appointing power rests in him, 
appoint to office a relative, within the prohibited 
degree, of the head of any other state, county or 
municipal department, whenever such appointment 
is not made on an agreement or promise so to do. 

0. A. G. '15-'16, p. 45. 

Officers excluded: Irrigation, drainage, improve- 
ment and school districts do not come within the 
provisions of this act, not being municipal subdivi- 
sions of the state. Barton v. Alexander (1915) 27 

1. 286, 148 P. 471. 



Hist. '15, c. 10, § 2, p. 41. 

Allowance of claims: The state board of exam- 
iners and the boards of county commissioners, when 
auditing claims, are not violating the act when they 



approve the claims of persons legally appointed and 
serving, even though such persons are related to 
members of the auditing board. O. A. G. '15-'16, 
P. 45. 



CHAPTER 19. 

BONDS OF OFFICERS. 

§ 282. Time for filing bond. Every official bond must be filed in the 
proper office within the time prescribed for filing the oath, unless other- 
wise expressly provided by statute. 



Hist. R. C. § 282; R. S. § 390. (See '67, p. 50, 

§1.) 



Comp. leg.— Cal. Same: Pol. C. 1872, § 947; simi- 
lar as amended: Kerr's C, ib. 



§ 283. Approval of bonds of state officers. Unless otherwise pre- 
scribed by statute, the official bonds of state officers must be approved by 
the governor, and filed and recorded in the office of the secretary of state. 

Hist. R. C. § 283; R. S. § 391. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872, § 948; 

§ 1.) Kerr's C, ib. 

§ 284. Same: Bonds of county officers. Unless otherwise pre- 
scribed by statute, the official bonds of county and precinct officers must 



92 



BONDS OF OFFICERS C. 19 § 290 

be approved by the board of county commissioners, and filed and recorded 
in the office of the county recorder, and must be in such penalties as are 
required by law, or when not fixed by law, as required by the board. 

Hist. R. C. § 284; R. S. § 292. (See '67, p. 50, Approval: It is the duty of the board of county 

& !•) commissioners and not of the county attorney to 

Comp. leg.— Cal. Different: Pol. C. 1872, § 950; approve official bonds. Miller v. Smith (1900) 7 I. 

as amended: Kerr's C, ib. 204, 61 P. 824. 

§ 285. Record of official bonds. Official bonds must be recorded in 
a book kept for that purpose, and entitled "Record of Official Bonds." 

Hist. R. C. § 285 ; R. S. § 393. 

Comp. legr. — Cal. Same : Pol. C. 1872, § 951 ; 
Kerr's C, ib. 

§ 286. Approval indorsed on bond. The approval of every official 
bond must be indorsed thereon and signed by the officer approving the 
same. 

Hist. R. C. § 286; R. S. § 394. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872 $ 952- 

§ 2.) Kerr's C, ib. 

§ 287. Bond to be approved before filing. No officer with whom 
any official bond is required to be filed must file such bond until approved. 

Hist. R. C. § 287; R. S. § 395. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872, S 953- 

§ 3.) Kerr's C, ib. 

§ 288. Conditions, signatures and sureties. The condition of an 
official bond must be that the principal will well, truly and faithfully per- 
form all official duties then required of him by law, and also all such addi- 
tional duties as may be imposed on him by any law of the state. Such 
bond must be signed by the principal and at least two sureties, to the 
full penalty of the bond. No person shall be accepted as surety on such 
bond unless he shall, during the year immediately preceding, have been 
assessed for and paid taxes, in his own right, upon property to the amount 
for which he has become surety. 

Hist. R. C § 288 ; R. S. § 396, Act Feb. 3, 1887. liability admittedly covered by the bond. P. v. Slo- 

Comp. leg. — Cal. Same through "sureties," line cum ( 18 66) 1 I. 62. 

5, rest omitted: Pol. C 1872, § 954; Kerr's C, ib. Absence of signature: The failure of the prin- 

Defective bond: The failure of an official bond c |P aI ° n an official bond to sign the same as prin- 

to contain all of the statutory conditions required of cipal does not invalidate the bond. S. v. McDonald 

such bond is no defense to an action to enforce a (1895) 4 I. 468, 40 P. 312. 

§ 289. Justification of sureties. The officer whose duty it is to 
approve official bonds required of state, county, district or precinct officers, 
must not accept or approve any such bond unless each of the sureties sev- 
erally justify,. before an officer authorized to administer oaths, as follows: 

1. On a bond given by a state officer, that such surety is a resident 
and freeholder or householder within this state ; and on a bond given by a 
county, district, or precinct officer, that such surety is a resident and free- 
holder or householder within such county or within an adjoining county. 

2. That such surety is worth the amount for which he becomes surety 
over and above all his debts and liabilities in unincumbered property situ- 
ated within this state, exclusive of property exempt from execution and 
forced sale. 

Hist. R. C § 289; R. S. § 397. (See '67, p. 50, Justification of sureties: A compliance with this 

§ 7.) section in the matter of justification is all that is 

,i , „ f, , o w, ~~ ~4- «<~.. 4.« m ««u;«" -P/M. required in the first instance, but after the approval 

Comp. leg. — Cal. bame except or township lor - M . „, , , , , ., ,, _ 

''^;«,+^;^ „„ ^*.~„;„,.4- •• i;~~o o „„a n. x>~\ r> 1070 01 a county officers bond by the commissioners, they 

district or precinct, lines I and 7: Jrol. C loll, . . , . ._ . .. , 

8 art - , ,.,. , , , 1 j ir •„ r> iu may require a further justification if. for any cause, 

* 955 additional subd. as amended: Kerr s C, ib. ., * .;*,. „„ ., „„,«*« ■»« ;~o„ffl„; ♦ r-~„. „ 

they believe the sureties insufficient. Uorman v. 

Cross, ref. Sufficiency of corporate sureties: § Board of Commissioners (1874) 1 I. 553. 

2940. Reimbursement of officers for premiums paid 

for official bonds: § 2941. 

§ 290. Sureties for less than penal sum. When the penal sum of 
any bond required to be given amounts to more than one thousand dollars 
the sureties may become severally liable for portions of not less than five 
hundred dollars thereof, making in the aggregate at least two sureties for 
the whole penal sum. And if any such bond becomes forfeited, an action 
may be brought thereon against all or any number of the obligors, and 

93 



c. 19 § 291 



PUBLIC OFFICERS 



judgment entered against them, either jointly or severally, as they may 
be liable. The judgment must not be entered against a surety severally 
bound for a greater sum than that for which he is specially liable by the 
terms of the bond. Each surety is liable to contribution to his cosureties 
in proportion to the amount for which he is liable. 



Hist. R. C. § 290; '67, p. 50, § 8 ; R. S. § 398. 

Comp. leg. — Cal. Same except "specifically" for 
"specially," line 10: Pol. C. 1872. § 956; additional 
sentence as amended : Kerr's C. ib. 

Liability of sureties: Where the sureties on an 
official bond, containing joint and several obliga- 
tions, justify in sums less than the penalty of the 



bond, they are, nevertheless, liable for the full pen- 
alty of the bond ; the sums set opposite their re- 
spective names in the justification merely indicate 
the sums for which they intend to justify, and fix 
their liaability toward each other for contribution. 
P. v. Slocum (1866) 1 I. 62. 



§ 291. Custody of official bonds. Every officer with whom official 
bonds are filed must carefully keep and preserve the same, and give certi- 
fied copies thereof to any person demanding the same, upon being paid 
the same fees as are allowed by law for certified copies of papers in other 
cases. 



Hist. R. C. § 291; R. S. § 399. (See '67, p. 50, 
§ 5.) 



Comp. leg.— Cal. Same : Pol. C. 1872, § 957 ; 
Kerr's C, ib. 



§ 292. Form of bond. All official bonds must be in form joint and 
several, and made payable to the state of Idaho in such penalty and with 
such conditions as required by this chapter, or the law creating or regu- 
lating the duties of the office. 

Hist. R. C. § 292; R. S. § 400. (See '87, p. 50, Comp. leg.— Cal. Same, line 2: Pol. C. 1872, § 

§ 6.) 958 ; Kerr's C, ib. 

§ 293. Extent of sureties* liability. Every official bond executed by 
any officer pursuant to law is in force and obligatory upon the principal 
and sureties therein for any and all breaches of the conditions thereof 
committed during the time such officer continues to discharge any of the 
duties of or hold the office, and whether such breaches are committed or 
suffered by the principal officer, his deputy, or clerk. 



Hist. R. C. § 293; R. S. § 401. (See '67, p. 50, 
§ 9.) 

Comp. leg.— Cal. Same : Pol. C 1872, § 959 ; 
Kerr's C, ib. 

Interest: Interest begins to run against the surety 
as soon as the principal has committed a breach 
which creates a liability against him. S. v. Title 
Guaranty & Security Co. (1915) 27 I. 752, 766, 152 
P. 189, aff. 2-10 U. S. 136, 60 L. ed. 566, 36 S. C R. 
S45. 

Liability for acts of deputy: The seizure and sale 
by a deputy sheriff, under a lawful writ of attach- 



ment, of goods worth three times the amount of 
plaintiff's claim, constitutes a breach of the sheriff's 
bond for which his sureties are liable. Work Bros, 
v. Kinney (1900) 7 I. 460. 63 P. 596. Officer is liable 
on his bond for the acts of his deputy, done in his 
official capacity. Works v. Byrom (1912) 22 I. 794, 
128 P. 551. 

Not liable for prior official acts: The sureties on 
the sheriff's bond are not liable for the delinauencies 
and defalcations of the sheriff during a former term 
of office. Work Bros. v. Kinney (1902) 8 I. 771, 71 
P. 477. 



§ 294. Same: Duties subsequently imposed. Every such bond is 
in force and obligatory upon the principal and sureties therein for the 
faithful discharge of all duties which may be required of such officer by 
any law enacted subsequently to the execution of such bond, and such con- 
dition must be expressed therein. 

Hist. R. C § 294; '67, p. 50, § 10 ; R. S. § 402. Cited: Work Bros. v. Kinney (1900) 7 I. 460, 63 

Comp. leg.— Cal. Same: Pol. C 1872, § 950; P - 596 - 
Kerr's C, ib. 

§ 295. Suits by persons injured. Every official bond executed by 
any officer pursuant to law is in force and obligatory upon the principal 
and sureties therein to and for the state of Idaho, and to and for the use 
and benefit of all persons who may be injured or aggrieved by the wrong- 
ful act or default of such officer in his official capacity, and any person so 
injured or aggrieved may bring suit on such bond, in his own name, with- 
out an assignment thereof. 



Hist. R. C. § 295 ; '67, p. 50, § 11 ; R. S. § 403. 

Comp. leg.— Cal. Same: Pol. C 1872, § 961; 
Kerr's C, ib. 

Cited: Palmer v. Pettingill (1898) 6 I. 346, 55 P. 
653, S. v. Am. Surety Co. (1914) 26 I. 652, 145 P. 
1097, Ann. Cas. 1916E 209. 

Case not removed to federal court: In a suit 



against a foreign corporation on an official bond, 
where the state is plaintiff as trustee for individ- 
uals, whose claims aggregate more than $3000 but 
no one of whose claims equals that amount, case 
cannot be removed to federal court, although di- 
versity of citizenship exists. S. v. Title Guaranty 
&. Surety Co. (1915) 27 I. 752, 152 P. 189, aff. 240 
U. S. 136, 60 L. ed. 566, 36 S. C. R. 345. 



94 



BONDS OF OFFICERS C. 19 § 301 

§ 296. Same: Successive Suits. No such bond is void on the first 
recovery of a judgment thereon; but suit may be afterward brought, from 
time to time, and judgment recovered thereon by the state of Idaho, or by 
any person to whom a right of action has accrued, against such officer and 
his sureties, until the whole penalty of the bond is exhausted. 

Hist. R. C. § 296; '67, p. 50, § 12 ; R. S. § 404. Cited: S. v. Title Guaranty & Surety Co. (1915) 

Comp. leg.— Cal. Same: Pol. C 1872, § 962; 27 l - 752 . 152 P. 189, aff. 240 U. S. 136, 60 L. ed\ 
Kerr's C, ib. 566, 36 S. C. R. 345. 

§ 297. Defects not to affect liability. Whenever an official bond 
does not contain the substantial matter or conditions required by law, or 
there are any defects in the approval or filing thereof, it is not void so as 
to discharge such officer and his sureties; but they are equitably bound 
to the state, or a party interested, and the state or such party may, by 
action in any court of competent jurisdiction, suggest the defect in the 
bond, approval or filing, and recover the proper and equitable demand or 
damages from such officer and the persons who intended to become, and 
were, included as sureties in such bond. 

Hist. R. C. § 297; R. S. § 405. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C 1872, § 963; 

§ 13.) Kerr's C, ib. 

§ 298. Insufficiency of sureties: Proceedings. Whenever it is 
shown by the affidavit of a credible witness, or otherwise comes to the 
knowledge of the judge, court, board, officer, or other person whose duty 
it is to approve the official bond of any officer, that the sureties, or any one 
of them, has, since such bond was approved, died, removed from the state, 
become insolvent, or from any other cause has become incompetent or 
insufficient surety on such bond, the judge, court, board, officer, or other 
person may issue a citation to such officer, requiring him, on a day therein 
named, not less than three nor more than ten days after date, to appear 
and show cause why such office should not be vacated, which citation must 
be served and return thereof made as in other cases. If the officer fails 
to appear and show good cause why such office should not be vacated, on 
the day named, or fails to give ample additional security, the judge, court, 
board, officer, or other person must make an order vacating the office, and 
the same must be filled as provided by law. 

Hist. R. C. § 298; R. S. § 406. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872, § 964; 

^ 16.) Kerr's C, ib. 

§ 299. Same: Additional bond. The additional bond must be in 
such penalty as directed by the court, judge, board, officer, or other per- 
son, and in all other respects similar to the original bond, and approved 
by and filed with the same officer as required in case of the approval and 
filing of the original bond. Every such additional bond so filed and ap- 
proved is of like force and obligation upon the principal and sureties 
therein, from the time of its execution, and subjects the officer and his 
sureties to the same liabilities, suits, and actions as are prescribed re- 
specting the original bonds of officers. 

Hist. R. C § 299; R. S. § 407. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872, $ 965; 

$ 20.) Kerr's C, ib. 

§300. Same: Original bond not discharged. In no case is the 
original bond discharged or affected when an additional bond has been 
given, but the same remains of like force and obligation as if such addi- 
tional bond had not been given. 

Hist. R. C § 300 ; '67, p. 50, § 21 ; R. S. § 408. 
Comp. leg.— Cal. Same : Pol. C 1872, § 966 ; 
Kerr's C, ib. 

§ 301. Same: Action on either bond. The officer and his sureties 
are liable to any party injured by the breach of any condition of an official 
bond, after the execution of the additional bond, upon either or both bonds, 

95 



C. 19 § 302 PUBLIC OFFICERS 

and such party may bring his action upon either bond, or he may bring 
separate actions on the bonds respectively, and he may allege the same 
cause of action, and recover judgment therefor in each suit. 

Hist. R. C. § 301; R. S. § 409. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872, § 967; 

§ 22.) Kerr's C, ib. 

§ 302. Same: Separate judgments on bonds. If separate judg- 
ments are recovered on the bonds by such party for the same cause of 
action, he is entitled to have execution issued on such judgments respec- 
tively, but he must only collect, by execution or otherwise, the amount 
actually adjudged to him on the same causes of action in one of the suits, 
together with the costs of both suits. 

Hist. R. C. § 302 ; '67, p. 50, § 23 ; R. S. § 410. 
Comp. leg.— Cal. Same : Pol. C. 1872, § 968 ; 
Kerr's C, ib. 

§ 303. Same : Contribution between sureties. Whenever the sure- 
ties on either bond have been compelled to pay any sum of money on 
account of the principal obligor therein, they are entitled to recover, in 
any court of competent jurisdiction, of the sureties on the remaining 
bond, a distributive part of the sum thus paid, in the proportion which 
the penalties of such bonds bear one to the other and to the sums thus paid, 
respectively. 

Hist. R. C. § 303; '67, p. 50, § 24 ; R. S. § 411. 
Comp. leg.— Cal. Same : Pol. C. 1872, § 969 ; 
Kerr's C, ib. 

§ 304. Discharge of sureties by new bond. Whenever any sureties 
on the official bond of any officer wish to be discharged from their liability, 
they and such officer may procure the same to be done if such officer will 
execute a new bond, with sufficient sureties, in like form, penalty, and 
conditions, and to be approved and filed, as the original bond. Upon the 
filing and approval of the new bond such first sureties are exonerated 
from all further liability, but their bond remains in full force as to all 
liabilities incurred previous to the approval of such new bond. The 
liability of the sureties in such new bond is in all respects the same, and 
may be enforced in like manner as the liability of the sureties in the 
original bond. 

Hist. R. C. § 304; R. S. § 412. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872, § 970; 

§ 27 et seq.) Kerr's C, ib. 

§ 305. Vacancies: Bond of appointee. Any person appointed to 
fill a vacancy, before entering upon the duties of the office, must give a 
bond corresponding in substance and form with the bond required of the 
officer originally elected or appointed, as hereinbefore provided. 

Hist. R. C § 305; '67, p. 50, § 26 ; R. S. § 413. 

Comp. leg.— Cal. Same: Pol. C 1872, § 971; 
Kerr's C, ib. 

§ 306. Release of sureties. Any surety on the official bond of a city, 
district, precinct, county or state officer may be relieved from liabilities 
thereon afterward accruing by complying with the provisions of the three 
sections following. 

Hist. R. C. § 306 ; R. S. § 414. (See '67, p. 50, Comp. leg. — Cal. Same except "town" for "dis- 

§ 27.) trict, precinct," line 1 : Pol. C. 1872, § 972 ; Kerr's 

C, ib. 

§ 307. Same: Application for release. Such surety must file with 
the judge, court, board, officer or other person authorized by law to ap- 
prove such official bond, a statement in writing setting forth the desire of 
the surety to be relieved from all liabilities thereon afterward arising, and 
the reasons therefor, which statement must be subscribed and verified by 
the affidavit of the party filing the same. 

Hist. R. C. S 307 ; '67, p. 50, § 28 ; R. S. § 415. 
Comp. leg.— Cal. Same: Pol. C. 1872, § 973; 
Kerr's C, ib. 

96 



BONDS OF OFFICERS C. 19 § 314 

§ 308. Same : Service of statement. A copy of the statement must 
be served on the officer named in such official bond and due return or 
affidavit of service made thereon as in other cases. 

Hist. R. C. § 308 ; '67, p. 50, § 29 ; R. S. § 416. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 974; 
Kerr's C, ib. 

§ 309. Same : Office declared vacant. In twenty days after the 
service of such notice the judge, court, board, officer, or other person with 
whom the same is filed, must make an order declaring such office vacant, 
and releasing such surety from all liability thereafter to arise on such 
official bond, and such office thereafter is in law vacant, and must be imme- 
diately filled by election or appointment, as provided for by law, as in other 
cases of vacancy of such office, unless such officer has, before that time, 
given good and ample surety for the discharge of all his official duties as 
required originally. 

Hist. R. C. § 309 ; '67, p. 50, § 30 ; R. S. § 417. 

Comp. leg. — Cal. Same except "ten" for "twenty," 
line 1: Pol. C. 1872, § 975; Kerr's C. ib. 

§ 310. Same: Remaining sureties liable. The release, discharge, 
voluntary withdrawal, or incompetency, of a surety on any official bond, 
does not affect the bond as to the remaining sureties thereon, or alter or 
change their liability in any respect. 

Hist. R. C. § 310; R. S. § 418. 
Comp. leg.— Cal. Same: Pol. C. 1872, § 977; 
Kerr's C, ib. 

§ 311. Same: Accrued liabilities unaffected. No surety must be 
released from damages or liabilities for acts, omissions, or causes existing 
or which arose before the making of the order releasing him from liability, 
but such legal proceedings may be had therefor in all respects as though 
no such order had been made. 

Hist. R. C § 311; '67, p. 50, § 31 ; R. S. § 419. tion 975" for "releasing him from liability," line 3: 

Comp. leg.— Cal. Same except "mentioned in sec- Po1 - C - 1872 « § 980 ; Kerr's C. ib. 

§ 312. Application of chapter. The provisions of this chapter apply 
to the bonds of receivers, executors, administrators and guardians. 

Hist. R. C. § 312; '67, p. 50, § 32 ; R. S. § 420. Cross ref. Bonds of receivers: § 4332; of execu- 

Comp. leg— Cal. Same: Pol. C. 1872, § 981; *°™ and administrators: § 5371; of guardians: | 
Kerr's C, ib. * ,77Y - 

§ 313. Bonds of receivers, etc. All bonds or undertakings given by 
trustees, receivers, assignees, or officers of a court in an action or pro- 
ceeding for the faithful discharge of their duties, where it is not other- 
wise provided, must be in the name of and payable to the state of Idaho ; 
and upon the order of the court where such action or proceeding is pending 
may be prosecuted for the benefit of any and all persons interested therein. 

Hist. R. C § 313; '67, p. 50, $ 33 ; R. S. § 421. 
Comp. leg.— Cal. Same : Pol. C, 1872, § 982 ; 
Kerr's C, ib. 

§ 314. Actions on bonds: Lis pendens. When an action is com- 
menced in any court in this state for the benefit of the state, to enforce the 
penalty of, or to recover money upon, an official bond or obligation, or any 
bond or obligation executed in favor of the state of Idaho, or of the people 
of this state, the attorney or other person prosecuting the action may file 
with the court in which the action is commenced an affidavit, stating 
either positively or on information and belief that such bond or obligation 
was executed by the defendant or one or more of the defendants (desig- 
nating whom), and made payable to the people of this state, or to the 
state of Idaho, and that the defendant or defendants have real estate or 
interest in lands (designating the county or counties in which the same 
is situated), and that the action is prosecuted for the benefit of the state; 

97 
Pol -4 



C. 19 § 315 PUBLIC OFFICERS 

and thereupon the clerk receiving such affidavit must certify, to the 
recorder of the county in which such real estate is situated, the names of 
the parties to the action, the name of the court in which the action is 
pending and the amount claimed in the complaint, with the date of the 
commencement of the suit. 

Hist. R. C. § 314 ; '67, p. 50, § 34 ; R. S. § 422. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 983; 
Kerr's C, ib. 

§ 315. Same. Upon receiving such certificate the county recorder 
must indorse upon it the time of its reception, and such certificate must 
be filed and recorded in the same manner as notices of the pendency of an 
action affecting real estate; and any judgment recovered in such action 
is a lien upon all real estate belonging to the defendant or to one or more 
of the defendants, situated in any county in which such certificate is so 
filed, for the amount that the owner thereof is or may be liable upon the 
judgment, from the filing of the certificate; and the fees due the clerk 
and recorder for the services required are a charge against the county 
where the suit is brought, to be recovered like other costs. 

Hist. R. C. § 315; R. S. § 423. (See '67, p. 50, Comp. leg.— Cal. Same: Pol. C. 1872, § 984; 

S 35.) Kerr's C, ib. 

§ 316. Bonds of deputies. Every officer or body appointing a dep- 
uty, clerk, or subordinate officer, may require an official bond to be given 
by the person appointed, and may fix the amount thereof. 

Hist. R. C. § 316 ; R. S. § 424. 
Comp. leg.— Cal. Same: Pol. C. 1872, § 985; 
Kerr's C, ib. 

CHAPTER 20. 
RESIGNATIONS AND VACANCIES. 

§ 317. How vacancies occur. Every civil office shall be vacant upon 
the happening of either of the following events at any time before the 
expiration of the term of such office, as follows : 

1. The resignation of the incumbent. 

2. His death. 

3. His removal from office. 

4. The decision of a competent tribunal declaring his office vacant, 

5. His ceasing to be a resident of the state, district or county in which 
the duties of his office are to be exercised, or for which he may have been 
elected. 

6. A failure to elect at the proper election, there being no incumbent 
to continue in office until his successor is elected and qualified, nor other 
provisions relating thereto. 

7. A forfeiture of office as provided by any law of the state. 

8. Conviction of any infamous crime, or of any public offense involv- 
ing the violation of his oath of office. 

9. The acceptance of a commission to any military office, either in the 
militia of this state, or in the service of the United States, which requires 
the incumbent in the civil office to exercise his military dutes out of the 
state for a period of not less than sixty days. 

Hist. R. C. § 317; '90-'91, p. 57, § 169, reenacted Death before qualification: The death of a per- 

'99 p. 67, § 1. son elected to an office before he aualifies does not 

Comp. leg.— Cal. See Pol. C. 1872, § 996; Kerr's create a vacancy as § 32a provides that every officer 

q ;b elected for a fixed term shall hold office until suc- 

* ,*-,., j. ~. , L j cessor is elected and qualified. Clark v. Wonnacott 

Cross ref. lauure of county officer who is granted (1917) 30 I 98 16 9 P 1074 

leave of absence to appoint a deputy during his ab- Removal of municipal officer: The statute has 

sence creates a vacancy in the office: J 19m. Va- made no prov ision for vacancies by removal of its 

cancy in mayoralty j* 2196 ; police judge: § 2217; officers from the boundaries of a village, and I find 

district judge: &§ 3894, 3922. that the cases have he!d that where an officer has 

Cited: O. A. G. '09-10, p. 42. removed from the limits of a municipality, of which 

98 



RESIGNATIONS AND VACANCIES C. 20, § 322 

he is an officer, the question of whether or not the Creation of new office: A newly created office, 

office thereby becomes vacant is one to be decided which is not filled by the legislative act creating the 

upon the facts in each particular case. O. A. G. same, and for which no provision is made by the 

'09-'10, p. 67. act for filling the same, becomes vacant on the in- 

Creation of new district: The office of district * tant , . f its creation. Knight v. Trigg (1909) 16 I. 

judge becomes vacant upon the creation of an ad- -"^ ^6.6, 10 ° **• 1060. 
ditional district in which no district judge resides. 
Knight v. Trigg (1909) 16 I. 256, 100 P. 1060. 

§ 318. Resignations. Resignations of civil offices must be in writing, 
and may be made as follows : 

1. By the governor to the legislature, if in session; if not, to the 
secretary of state. 

2. By senators and representatives in congress, and by all officers 
elected by the qualified voters of the state, and by judges of the supreme 
court and district courts, and regents of the university, to the governor. 

3. By members of the senate and house of representatives, to the 
presiding officers of their respective bodies, in session, who shall imme- 
diately transmit information of the same to the governor. If such bodies 
are not in session, to the governor. 

4. By all county and precinct officers, to the county board, and by mem- 
bers of the county board, to the county auditor. 

5. By all township officers, to the township clerk ; and by the township 
clerk to the town board. 

6. By all officers holding appointment, to the officer or body by whom 
"they were appointed. 

Such resignation shall not take effect until accepted by the board or 
officer to whom the same is made. 

Hist. R. C. § 318 ; '90-'91, p. 57, § 170, reenacted Comp. leg.— Cal. See Pol. C. 1872, § 995 ; Kerr's 

'99, p. 67, § 2, modified by R. S. § 430. C. ib. 

§ 319. Notice of removal. Whenever an officer is removed, convicted 
of any infamous crime or offense involving a violation of his oath of of- 
fice, or whenever his election or appointment is declared void, the body, 
judge, or officer before whom the proceedings were had, must give notice 
thereof to the officer empowered to fill the vacancy. 

Hist. R. C. § 319; R. S. § 432, modified by '99, Comp. leg.— Cal. Similar: Pol. C. 1872, § 997; 

p. 67, § 1. (R. C. § 317, subd. 8.) Kerr's C. ib. 

§ 320. Vacancies in state offices. All vacancies in any state office, 
and in the supreme and district courts, unless otherwise provided for by 
law, shall be filled by appointment by the governor, until the next general 
election after such vacancy occurs, when such vacancy shall be filled by 
election. 

Hist. R. C. § 320 ; '90-91, p. 57, § 12, reenacted cancy in the office of the justice of the supreme 
'99, p. 67, § 3. court to hold only until the next general election 

Comp. leg.— Cal. See Pol. C 1872, § 1001 ; as is ^^TJl^^of f"^! ft? £° n , S ol tuti ° n - Budge 

amended: Kerr's C ib. v - J?.}^ rd < 191 A 4) ~ 26 \\ *% ' U '\i T' v*- v«. 

Cited: O. A. G. 11-12, p. 42; Knight v. Trigg 

Unconstitutional in part: This section in so far (1909) 16 I. 256, 100 P. 1060; Joy v. Gifford (1912) 

as it attempts to provide a manner of filling a va- 22 I. 301, 125 P. 181. 

§ 321. Vacancies: How filled. Vacancies shall be filled in the fol- 
lowing manner: In the office of the clerk of the supreme court, by the 
supreme court. In all other state and judicial district offices, and in the 
membership of any board or commission created by the state, where no 
other method is specially provided, by the governor. In county and pre- 
cinct offices, by the county board; and in the membership of such board, 
by the governor. In city and village offices, by the mayor and council or 
board of trustees. 

Hist. R. C § 321; '90-91, p. 57, § 171, reenacted 
'99, p. 67, § 4. 

Cited: O. A. G. '09-10, p. 42; p. 67. 

§322. Same: County and precinct offices. All vacancies in any 
county or precinct office of any of the several counties of the state, except 
that of the county commissioners (who shall be appointed by the gover- 

99 



c. 20 § 322a public officers 

nor), shall be filled by appointment by the county commissioners of the 
county in which the vacancy occurs until the next general election, when 
such vacancy shall be filled by election. 

Hist. R. C. § 322; '99, p. 67, § 9. 

§ 322a. Same: Appointments to be petitioned for. No appoint- 
ment to fill a vacancy in office must be made by the board except upon pe- 
tition, signed by at least thirty qualified electors of the county, if for a 
county office, or by not less than fifteen of the qualified electors of the 
precinct, or district, if for a precinct or district office. 

Hist. R. C. § 322a; R. S. § 1765. 

Comp. leg. — Cal. Same except "township" for 
"precinct": Pol. C. 1872, § 4066; Kerr's C. ib. 

§ 323. Residence of appointed commissioner. Whenever the gov- 
ernor appoints a county commissioner to fill a vacancy in any county, he 
shall appoint a person who is a resident of the commissioner district of 
the county in which the vacancy exists. 

Hist. R. C. § 323; '99, p. 67, § 10. 

§ 324. Vacancies occurring immediately before election. Vacancies 
occurring in any state, judicial district, county, precinct, township or any 
public elective office, thirty days prior to any general election, shall be 
filled thereat. Vacancies occurring in the office of probate judge or jus- 
tice of the peace, shall be filled by appointment by the county commis- 
sioners. 

Hist. R. C. § 324 ; '90-91, p. 57, § 175, reenacted days prior to the general election apply only to 
'99, p. 67, § 8. elections at the end of the term when the particu- 

Applied: The provisions of this section with ref- ' ar "^ ,T "i d T or ^ nar Jl y ( h ^ *}}}?*• Budge v ' Gif " 
erence to the filling of vacancies occurring thirty tord U 914 ) ^ *• 5 ^L 144 r. ddd. 

§ 325. Vacancy in legislative office: Special election. When a va- 
cancy occurs in the office of a member of the legislature, and the body in 
which such vacancy exists is in session, or will convene prior to the next 
general election, the governor shall order a special election to fill such 
vacancy at the earliest practicable time, and ten days' notice of such elec- 
tion shall be given. 

Hist. R. C. § 325; '99, p. 67, § 12, modified by Cross ref. Conduct of special election: §§ 480- 

R. S. § 433. 484. 

Comp. leg.— Cal. See Pol. C. 1872, § 998; Kerr's 
C. ib. 

§ 325a. Same: U. S. Senator. Whenever any vacancy shall occur 
in the office of United States senator from the state of Idaho by death, 
resignation or otherwise, the governor shall have the power and is hereby 
authorized and empowered to fill such vacancy by appointment, and the 
person so appointed shall hold such office until such time as a United 
States senator is regularly elected to fill such vacancy, at the next suc- 
ceeding general election, and qualifies by virtue of such election: Pro- 
vided, hoivever, That in case a vacancy occurs in the position of United 
States senator from the state of Idaho within thirty days of any general 
election, no election for United States senator to fill said vacancy shall be 
held at such general election. 

Hist. '17, c. 27, § 1, p. 68. 

§ 326. Same: Representative in congress. Whenever any vacancy 
shall occur in the office of representative in congress from the state, it 
shall be the duty of the governor to appoint a day to hold a special elec- 
tion to fill such vacancy, and cause notice of such election to be given as 
required in sections 354 and 355 of these codes. 

Hist. R. C § 326 ; '90-91, p. 57, § 176, reenacted 
'99, p. 67, § 11. 

§ 327. Vacancies not otherwise provided for. When any office be- 
comes vacant, and no mode is provided by law for filling such vacancy, 

100 



RESIGNATIONS AND VACANCIES C. 20 § 332 

the governor must fill such vacancy by granting a commission, to expire 
at the end of the next session of the legislature or at the next election by 
the people. 

Hi t. R. C. § 327 ; R. S. § 434. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 999; 
Kerr's C. ib. 

§ 328. Appointments to be in writing. Appointments under the 
provisions of this chapter shall be in writing, and continue until the next 
election, at which the vacancy shall be filled, and until a successor is elected 
and qualified, and be filed with the secretary of state, or proper county 
auditor, respectively. 

Hist. R. C. § 328 ; '90-91, p. 57, § 173, reenacted 
'99, p. 67, § 6. 

§ 329. Tenure of appointee. Any of the said officers that may be 
elected or appointed to fill vacancies may qualify and enter upon the dis- 
charge of the duties of their offices immediately thereafter ; and, if elected, 
they may hold the same during the unexpired term for which they were 
elected, and until their successors are elected and qualified; but if ap- 
pointed they shall hold the same only until their successors are elected 
and qualified. 

Hist. R. C. § 329 ; '99, p. 67, § 13. tice of the supreme court to hold only until the next 

Not applicable to justices: The provisions of general election are necessarily repugnant to the 

this section in so far as it attempts to provide a ?°" s *J tu **° n - Bud «e v. Gifford (1914) 26 I. 521, 

manner of filling a vacancy in the office of the jus- *^4 * • 333. 

§ 330. When vacancies occur possession to be taken. When a va- 
cancy occurs in a public office, possession shall be taken of the office room, 
and of the books, papers, and all things pertaining to the office, to be held 
until the election or appointment and qualification of a successor, as 
follows : 

Of the office of county recorder and auditor, by his deputy, if there be 
one ; if not, by the county commissioners ; and in case of any delay in the 
election or appointment of a successor to the recorder and auditor, his 
deputy shall continue to discharge the duties of the office, being respon- 
sible for the conduct and management thereof upon his official bond. Of 
the office of county treasurer, by the sheriff. Of any of the state officers, 
by the governor, or in his absence or inability at the time of the occur- 
rence as follows: Of the secretary of state, by the treasurer; of the audi- 
tor, and superintendent of public instruction, by the secretary of state ; of 
the treasurer, by the secretary of state and auditor, who shall make an 
inventory of the money and warrants therein, sign the same and trans- 
mit it to the governor, if he be in the state; and the secretary of state 
shall take the keys of the safes and desks, after depositing the books, pa- 
pers, money and warrants therein, and the auditor shall take the key of 
the office room. 

Hist. R. C. § 330 ; '90-91, p. 57, § 174, reenacted 
'99, p. 67, § 7. 

§ 331. Powers of appointee. Any person elected or appointed to fill 
a vacancy, after filing his official oath and bond, possesses all the rights 
and powers, and is subject to all the liabilities, duties and obligations, of 
the officer whose vacancy he fills. 

Hist. R. C. § 331; R. S. § 436. 
Comp. leg.— Cal. Same: Pol. C. 1872, § 1004; 
Kerr's C. ib. 

§ 332. Temporary inability of officers. Whenever for any reason 
the secretary of state, state auditor, attorney general and superintendent 
of public instruction are temporarily unable to perform the duties of their 
respective offices, the governor may appoint a suitable person to perform 
such duties temporarily as an acting officer, until the incumbent of the 

101 



C. 21 § 333 PUBLIC OFFICERS 

office shall be able to resume the performance of his duties, or a vacancy 
occurs in such office. The governor shall require such bonds for persons 
so appointed as may appear to him necessary for the protection of the 
state, not exceeding the bonds given by the officer in whose stead he acts. 
Such acting officer shall be nominated by the incumbent of the office: 
Provided, That when the incumbent is unable or fails to so nominate, the 
governor may appint without such nomination : Provided, further, That 
nothing in this section contained shall be construed to amend or repeal ex- 
isting laws relating to filling vacancies in state offices. 

Hist. R. C. § 332 ; '90-91, p. 39, §§ 1, 2, reenact- 
ed '99, p. 21, §§ 1, 2. 

CHAPTER 21. 

MISCELLANEOUS PROVISIONS 

§ 333. Possession of books and papers. Every public officer is en- 
titled to the possession of all books and papers pertaining to his office, or 
in the custody of a former incumbent by virtue of his office. 

Hist. R. C. § 333 ; R. S. § 440. Cross ref. Penalty for withholding books and 

Comp. leg.— Cal. Same: Pol. C. 1872, § 1014: records from successor: § 6389. 
Kerr's C. ib. 

§ 334. Same: Proceedings to compel delivery. If any person, 
whether a former incumbent or another person, refuse or neglect to de- 
liver to the actual incumbent any such books or papers, such actual in- 
cumbent may apply by petition to any court of record sitting in the county 
where the person so refusing or neglecting resides, or to any judge of 
the district or probate court residing therein, and the court or officer ap- 
plied to must proceed in a summary way, after notice to the adverse 
party, to hear the allegation and proofs of the parties, and to order any 
such books or papers to be delivered to the petitioner. 

Hist. R. C. § 334; R. S. § 441. "probate", line 5: Pol. C. 1872, § 1015; superior 

Comp. leg.— Cal. Same except "county" f6r court system as amended: Kerr's C. ib. 

§ 335. Same: Attachment to enforce delivery. The execution of the 
order and the delivery of the books and papers may be enforced by at- 
tachment as for a witness, and also, at the request of the petitioner, by a 
warrant directed to the sheriff or a constable of the county, commanding 
him to search for such books and papers, and to take and deliver them 
to the petitioner. 

Hist. R. C. § 335; R. S. § 442. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 1016; 
Kerr's C. ib. 

§ 336. Seals of executive officers. Except when otherwise specially 
provided by law, the seals of office of the various executive officers are those 
in use by such officers at the time this title takes effect, and each .of such 
officers must at once file a description and impression of such seal in the 
office of the secretary of state. 

Hist. R. C. § 336 ; R. S. § 443. 
Comp. leg.— Cal. Same: Pol. C. 1872, § 1026; 
Kerr's C. ib. 

§ 337. Great seal of state. The design drawn and executed by Miss 
Emma Edwards, of Boise City, and reported and recommended by the 
select joint committee to devise a great seal for the state, with the latin 
motto, "Esto Perpetua", is adopted, and is hereby made the great seal of 
the state of Idaho. 

Hist. R. C. § 337 ; '90-'91, p. 215, § 1, reenacted Cross ref. Secretary of state to keep and use 

'99, p. 147, § 1. The designer, Miss Emma Ed- seal : Const. IV, 15. Grants and permissions to 

wards, is now Mrs. James G. Green of Boise. bear seal : IV, 16. Great seal to be attached to 

Comp. leg.— Cal. See Pol. C. 1872, § 1027; commissions of officers : §265. 

Kerr's C. ib. Impression : The seal referred to is as follows : 

102 



MISCELLANEOUS PROVISIONS 



c. 21 §342 




§ 338. Officers may administer oaths. Every executive and judicial 
officer may administer and certify oaths. 



Hist. R. C. § 338; R. S. § 450. 

Comp. leg.— Cal. Same: Pol. C. 1872, § 1028; 
Kerr's C. ib. 



§ 339. Office hours. Unless otherwise provided by law, every officer 
must keep his office open for the transaction of business from ten o'clock 
a. m. until four o'clock p. m. each day, except upon holidays. 



Hist. R. C. § 339 ; R. S. § 452. 

Comp. leg. — Cal. Same : Pol. C. 1872, § 1030 ; 
Kerr's C. ib. 

Cited: Seawell v. Gifford (1912) 22 I. 295, 125 
P. 182, Ann. Cas. 1914A 1132 ; (in brief of counsel) 
Davies v. Comrs. Nez Perce Co. (1914) 26 I. 450. 



Keeping open after hours: While under this sec- 
tion the secretary of state is not required to keep 
his office open after 4 o'clock of each business day, 
if he does keep it open after that time and is 
transacting business there, it is his duty to receive 
such business as is presented to him. Grant v. 
Lansdon (1908) 15 I. 342, 97 P. 960. 



§ 340. Signature of ex officio officers. When an officer discharges 
ex officio the duties of another office than that to which he is elected or 
appointed, his official signature and attestation must be in the name of 
the office the duties of which he discharges. 

Hist. R. C § 340; R. S. § 453. 

Comp. leg.— Cal. Same: Pol. C 1872, § 1031; 
Kerr's C ib. 

§ 341. Official records open to inspection. The public records and 
other matters in the office of any officer are, at all times during office 
hours, open to the inspection of any citizen of this state. 

Hist. R. C § 341; R. S. § 454. Public record: A public record is a ready and 
Comp. leg.— Cal. Same: Pol. C. 1872, § 1032; convenient means of information on all matter re- 
same with additional provisions as amended: Kerr's ^ed to be made of record. Moore v. Pooley 
q jb (1909) 17 I. 57, 104 if. 898. 

§ 342. Officers to keep accounts. It shall be the duty of all state, 
county, city and precinct officers, who receive fees for services in an offi- 
cial capacity, or who receive public moneys for safe keeping, to at all 
times keep a public account of the same, consisting of a day book and 
ledger in which shall be entered all receipts of fees or moneys, with a brief 
statement of from whom and on what account the same were received; 
and a like account of all disbursements of such moneys, and to whom and 
on what account the same were paid. A failure to comply with the re- 
quirements of this section shall subject the offender, upon conviction, to 
the payment of a fine not exceeding three hundred dollars, or to impris- 
onment in the county jail for a period not exceeding six months, or to 
both such fine and imprisonment. 

Hist. R. C. § 342; '01, p. 208, § 1; '03, p. 282, 
§ 1. 

103 



_> 



C. 21 § 343 PUBLIC OFFICERS 

§ 343. Furnishing account books: Examination by citizens. It shall 
be the duty of the state and county officers respectively charged with 
furnishing books and stationery for public use, to furnish suitable books 
for the purpose to such officers; and such books shall be subject to exam- 
ination by any citizen at any reasonable time, and such citizen shall be 
entitled to take memoranda from the same without charges being im- 
posed: Provided, If any person or persons desire certified copies of any 
such account, the officer or person in charge of said books shall be entitled 
to demand and receive fees for the same, as for copies of other public 
records in his control. 

Hist. R. C. § 343 ; '01 f p. 208, § 2. 

§ 343a. Sale of pamphlet laws. All publications of laws and the 
constitution of the state of Idaho, issued in pamphlet form, other than 
the regular biennial edition of the session laws, shall be sold by the offi- 
cer or officers having the same published, at a price of not less than ten 
cents, nor more than twenty cents, per one hundred folios contained in 
each copy. The moneys arising from the sale of such publications shall 
be turned into the state treasury, quarterly, to the credit of the general 
fund, on the first days of January, April, July and October of each year. 
A report under oath must accompany each quarterly payment into the 
state treasury, stating the number of copies of each publication sold, 
and the amount received therefor. 

Hist. R. C. § 342a; '05, p. 231, §§ 1, 2. to construe it so would result in complications and 

Special laws: There is some doubt as to whether interfere with the proper duties of certain officials, 
this law repeals special laws upon this subject and O. A. G. '05-'06, p. 55. 

§ 343b. Same: Penalty for noncompliance. Any failure to comply 
with the provisions of the preceding section by any person or persons 
charged by law with the duty of publishing any of said laws as in said 
section provided for, shall be a misdemeanor, and upon conviction thereof 
in any court of competent jurisdiction the person guilty shall be fined 
in any sum not less than two hundred dollars nor more than three hun- 
dred dollars, and upon information, it shall be the duty of the attorney 
general or the prosecuting attorney of any county, to prosecute such 
person or persons, and upon conviction to collect such fine as may be 
imposed, and deposit the same with the state treasurer for the benefit 
of the general school fund. 

, Hist. R. C. § 343b; '05, p. 231, § 3. 

§ 343c. Accounting for fees. All state officers, who receive any 
money or evidences of indebtedness for or on account of the state or in 
payment of any fee, license or tax due the state, shall daily- or whenever 
the amount so received aggregates one hundred dollars, deposit the same 
with the state treasurer. 

The state treasurer shall receive from the other state officers bank 
drafts, certificates of deposit, checks, postoffice money orders and all 
evidences of indebtedness which are accepted as cash items by banks in 
the ordinary course of business, and shall deposit the same in banks in 
this state qualified as depositories of state money, subject, however, to 
final payment, and said treasurer shall issue his receipt for such evidences 
of indebtedness to the officer entitled thereto. 

Any person violating the provisions of this section shall be guilty of a 
misdemeanor and upon conviction shall be punished by a fine not exceed- 
ing five hundred dollars, or by imprisonment in the county jail not ex- 
ceeding six months, or by both such fine and imprisonment. 

Hist. '09, p. 359, S. B. 164. 

§ 343d. Deficiencies: Creation prohibited. No officer, employee or 
state board of the state of Idaho, or board of regents or board of trustees 

104 



MISCELLANEOUS PROVISIONS C. 21 § 343f 

of any state institution, or any member, employee or agent thereof, shall 
enter, or attempt or offer to enter into any contract or agreement creating 
any expense, or incurring any liability, moral, legal or otherwise, or at 
all, in excess of the appropriation made by law for the specific purpose 
or purposes for which such expenditure is to be made, or liability in- 
curred, except in the case of insurrection, epidemic, invasion, riots, floods 
or fires. 

Hist. '15, c. 164, § 1, p. 361. 

§ 342e. Same: Contracts void. Any indebtedness attempted to be 
created against the state in violation of the provisions of this act, or any 
indebtedness attempted to be created against the state in excess of the 
appropriation provided for in any act, shall be void. The income accruing 
to any state institution, after the same has been certified quarterly to the 
board of trustees of such institution by the auditor, shall be deemed an 
appropriation to such institution, and shall be governed by the provisions 
of this act regarding appropriations, and regarding the creation of in- 
debtedness in excess of such appropriation. k 

Hist. '15, c. 164, § 2, p. 361. 

Cited: S. v. Nat. Surety Co. (1916) 27 I, 670, 
161 P. 1026. 

§ 343f. Same: Penalty. Any person violating the provisions of the 
two preceding sections shall be deemed guilty of a misdemeanor, and shall 
be disqualified from holding any state office or from being employed by 
the state of Idaho or by any board of regents or board of trustees of any 
state institution for a period of four years from and after the commission 
of the offense. 

Hist. '15, c. 164, § 3, p. 361. 



its 



TITLE IV. ELECTIONS. 

Note: The act which form the basis of this title was enacted at the first session of the state 
legislature (1890-91) and reenacted at the fifth session (1899). This act expressly repealed the 
territorial statutes governing elections which were embodied in title 2 of the political code of the 
Revised Statutes. Since the reenactment in the Revised Codes of 1908 numerous amendments 
have been made in the law, the principal ones being the provision for the direct election of 
United States senators, the enactment of the direct primary law, c. 27, the experimental change 
in the registration law explained in note to c. 29, and the enactment of a provision for absent 
voting, c. 32. 

For election contests, see §§ 5026 et seq. Contest of state executive and legislative offices: 
§§ 39-57. Crimes against elective franchise: §§ 6354 et seq. 

CHAPTER 22. 

GENERAL PROVISIONS. 

§ 344. Application of title. The provisions hereinafter enacted shall 
regulate and govern all elections hereafter held in the state of Idaho 
for election of all officers provided for by the constitution and the laws of 
the state of Idaho, at either general or special elections, except school dis- 
trict elections, and such other elections as are in these codes elsewhere 
specially provided for. 

Hist. R. C. § 344; '90-'91, p. 57, § 1, reenacted District elections: Registration is not required 

'99, p. 33, § 1. for highway district and other similar elections. 

Cited: Hertle v. Ball (1903) 9 I. 193, 72 P. 953; Shoshone Highway Dist. v. Anderson (1912) 22 I. 

Cunningham v. George (1892) 3 I. 456, 31 P. 809; i09 > 125 P - 219 - 
Sabin v. Curtis (1893) 3 I. 662, 32 P. 1130. 

§345. Distribution of copies of law. It shall be the duty of the sec- 
retary of state to cause to be published in pamphlet form and distributed, 
through the county auditors of the respective counties, a sufficient number 
of copies of this law, and of such other laws as bear upon the subject of 
elections, as will place a copy thereof in the hands of all officers of elections. 

Hist. R. C. § 345 ; '90-'91, p. 57, § 160, reenacted law, and I believe the secretary of state so con- 

'99, p. 33, § 156. strued the law in having a sufficient number printed 

Copies of election law: The county auditor should for a11 officers. O. A. G. '11-'12, p 48. 
supply all election officers with copies of the election 

§ 346. Privilege from arrest. Electors are privileged from arrest 
except for treason, felony, or breach of the peace, during their attendance 
on election. 

Hist. R. C. § 346; '90-'91, p. 57, § 5, reenacted 
'99, p. 33, § 5. 

CHAPTER 23. 

TIME FOR HOLDING ELECTIONS. 

§ 347. Time for holding elections. A general election shall be held 
in the several precincts in this state on the Tuesday succeeding the first 
Monday of November, A. D. 1920, and on the Tuesday succeeding the first 
Monday of November every alternate year thereafter. 

Hist. R. C. § 347 ; '90-91, p. 57, § 6, reenacted election. Doan v. Comrs. of Logan Co. (1891) 3 I. 
'99, p. 33, § 6. 38, 26 P. 167. The words "general election" as gen- 
Definition: The "general election" is the election erally used in constitutions and statutes have refer- 
at which all state officers are elected; whether an ence to general elections held for the purpose of 
election is general or special is determined, not by electing state and county officers. Kessler v. Fritch- 
the date on which it is held nor the authority which nian , (1911) 21 I. 30, 119 P 692, Ann. Cas. 1912 C 
designates such date, but by the character of the 1° 02 '• see aIso dis - °P« 21 *• 58 - 

§ 348. Officers to be elected : County officers. At the general elec- 
tion, A. D. 1922, and every fourth year thereafter, there shall be elected 
in every county of the state, a clerk of the district court, who is ex officio 

M>6 



TIME FOR HOLDING ELECTIONS C. 23 § 352 

auditor and recorder, and at the general election, A. D. 1920, and every 
alternate year thereafter, there shall be elected in every county in the 
state, the following officers, to wit: Three county commissioners; a 
sheriff; county treasurer, who is ex officio public administrator, and also 
ex officio tax collector; probate judge; county superintendent of public in- 
struction ; a prosecuting attorney ; a county assessor : one coroner, and one 
surveyor. 

Hist. R. C. § 348, modified by Const. XVIII, 6, Vote for commissioners: While commissioners are 

as am., 13, p. 677, am. 22; '90-'91, p. 57, § 7, re- elected one from each district, the voters of the 

enacted '99, p. 33, § 7. whole county should cast their votes for each of the 

Cited: Castle v. Bannock Co. (1901) 8 I. 124, commissioners and all the votes so cast should be 

67 P. 35; (dis. op.) Kessler v. Fritchman (1911) 21 counted m determining who is elected to the board. 

I. 30, 58, 119 P. 692, Ann. Cas. 1912 C 1002. Cunningham v. George (1892) 3 I. 456, 31 P. 809. 

§ 349. Same: State officers. At the general election, A. D. 1920, 
and every alternate year thereafter, there shall be elected the following 
state officers, to wit: One governor, one lieutenant governor, one secre- 
tary of state > one state treasurer, one state auditor, one superintendent of 
public instruction, one attorney general, and one inspector of mines, and 
in each representative and senatorial district of the state such representa- 
tives and senators as they may severally be entitled to. 

Hist. R. C § 349; '90-'91, p. 57, § 8, reenacted Cited: (dis op.) Kessler v. Fritchman (1911) 

'99, p. 33, § 8, modified by '99, p. 221, § 13. See § 21 I. 30, 119 P. 692, Ann. Cas. 1912 C 1002. 
349a for remainder of R. C. § 349. 

§ 349a. United States senators and members of congress. At the 

general election, A. D. 1920, and every six years thereafter and at the 
general election, A. D. 1924, and every six years thereafter, there shall be 
elected a United States senator. 

At the general election, A. D. 1920, and every alternate year thereafter, 
there shall be elected in each congressional district a representative in 
congress and any additional number of representatives in congress to 
which the state may be entitled in the state at large. 

Hist. Compiled as to senators from '13, c. 114, 
p. 433 ; as to representatives from the latter part of 
R. C S 349, as modified by '17, c. 121, p. 408. 

§ 350. Same: Judges. At the general election, A. D. 1920, and 
every alternate year thereafter, there shall be elected one justice of the 
supreme court. 

At the general election, A. D. 1922, and every fourth year thereafter, 
there shall be elected district judges in the several judicial districts as 
follows : 

In the first, second, sixth, ninth, and tenth districts, one district judge. 

In the third, fourth, fifth, seventh, and eighth districts, two district 
judges. 

Hist. Compiled from R. C. § 350 (*90-'91, p. 57, Cited: O. A. G. '09-'10, p. 42; (dis. op.) Kessler 

<; 9 reenacted '99, p. 33, § 9) and laws enacting v. Fritchman (1911) 21 I. 30, 119 P. 692, Ann. Cas. 

additional judgeship: Third district '11, c. 2, § 2, 1912 C 1002; Joy v. Gifford (1912) 22 I. 301, 125 

p. 4; fourth district '11, c. 8, p. 24; fifth district P. 181. 
'13, c. 6, § 29, p. 44; seventh district '17, c. 20, p. 
49 ; eighth district '11, c. 28, p. 64. 

§ 351. Same: Presidential electors. At the general election, A. D. 
1920, and every fourth year thereafter, there shall be elected such a num- 
ber of electors of president and vice president of the United States as the 
state may be entitled to in the electoral college. 

Hi-t '09 p. 5, H. B. 59; '90-'91, p. 57, § 10, re- I. 30, 119 P. 692, Ann. Cas. 1912 C 1002; S. v. Gif- 
enacted '99, p. 33, § 10 ; R. C. § 351. ford (1912) 22 I. 613, 126 P. 1060. 

Cited: (dis. op.) Kessler v. Fritchman (1911) 21 

§ 352. Precinct officers. At the general election, A. D. 1920, and 
every alternate year thereafter, there shall be elected in each justice's pre- 
cinct, except wards in incorporated cities, two justices of the peace and 
one constable, and all other officers, not herein specified, that now are, or 
hereafter may be, created shall, unless otherwise provided, be elected on 
the day of the general election. 

107 



C. 24 § 353 ELECTIONS 

Hist. R. C. § 352 ; '90-'91, p. 57, § 11, reenacted provision for the election of two justices in all pre- 

'99, p. 33, § 11. cincts "except wards in incorporated cities," does 

Cited: S v Vineyard (1903) 9 I. 134, 72 P. 824; not constitute such wards justices' precincts, nor 

(dis. op) Kess'ler v. Fritchman (1911) 21 I. 30, 119 prohibit the county commissioners from establishing 

P 692 Ann Cas 1912 C 1002 precincts within such cities. Johnston v. Savidge 

' T ' . ' . .' m , . " ,. (1905) 11 I. 204, 81 P. 616. 

Justices in cities: This section has no applica- 
tion to the formation of justices' precincts and the 

CHAPTER 24. 

NOTICES OF ELECTION. 

§ 353. Election Proclamation. At least forty days before each gen- 
eral election, and whenever he orders a special election, the governor must 
issue an election proclamation under his hand and the great seal of the 
state of Idaho, and transmit copies thereof to the board of commissioners 
of the counties in which such elections are to be held. 

Hist. R. C. § 353; '90-'91, p. 57, §§ 20, 21, re- I. 30, 58, 119 P. 692, Ann. Cas. 1912 C 1002; Budge 
enacted '99, p. 33, §§ 12, 13. v - Gifford < 1914 > 26 l > 521, 527, 144 P. 333. 

Cited: (dis. op.) Kessler v. Fritchman (1911) 21 

§ 354. Notices of election. The clerks of the several boards of 
county commissioners must, at least twenty days before any general elec- 
tion, make out and transmit by registered mail to a judge of election of 
each election precinct, three notices to be as nearly as circumstances will 
admit of as follows : 

"Notice is hereby given that on the Tuesday following the first Monday 
of November next, (or in case of a special election state the date thereof), 

at the (here designate polling place) in the county of , an election 

will be held for members of congress, state, county, district and precinct 
officers (naming the candidates and offices to be filled as the case may be) 
(or in the case of a special election the question to be voted on) which 
election shall be open at eight o'clock in the morning and will continue 

until seven o'clock in the evening of the same day. Dated this. day 

of , A. D. 19 (as the case may be). 

(Signed) 

Clerk of the board of county commissioners." 

Hist. '13, c. 92, § 13, p. 376; '90-'91, p. 57, § 22, Notices: The clerk should transmit the notices 

reenacted '99, p. 33, § 14 ; R. C § 354. Notices were called for in this section as well as published no- 

formerly sent to registrars, but this section does not tices prescribed by § 13, direct primary law of 1909. 

appear to have been affected by '17, c. 44, p. 96. O. A. G. '11-'12, p. 48. 

§ 355. Same: Posting notices. The judge of election aforesaid to 
whom such notices are transmitted as aforesaid, must cause to be posted, 
in three of the most public places of each election precinct, the notices re- 
ferring to such election precinct, at least fifteen days previous to the time 
of holding any general election. Said notices shall be posted as follows: 
One at the house or place where the election is authorized to be held, and 
the others at two of the most public and suitable places in the precinct. 

Hist. '13, c. 92, § 14, p. 377; '90-'91 p. 57, § 23; but this section does not appear to have been af- 
'97, p. 29, § 2, reenacted '99, p. 33, § 15 : R. C § fected by '17, c. 44, p. 96. 
355. Notices were formerly posted by registrars, 

§ 356. Advertisement of special questions. Whenever a proposed 
constitution or constitutional amendment, or other question, is to be sub- 
mitted to the people of the state for popular vote, the secretary of state 
shall duly, and not less than thirty days before election, certify the same 
to the auditor of each county in the state. Questions to be submitted to 
the people of a county or municipality shall be advertised in some news- 
paper of general circulation in the county or town to be affected at least 
twice, and twenty days before election. 

Hist. R. C. § 356 ; '90-'91, p. 57, § 36, reenacted Cross ref. Publication of constitutional amend- 

'99, p. 33, § 27. ments, Const. XX, 1. 

108 



QUALIFICATIONS OF VOTERS C. 25 § 360 

Constitutional amendments: _ The publication of upon, to make the proper publications and provide 

amendments as provided for in Const. XX, 1, is the ballots for such, in the case of an election for 

handled entirely by the secretary of state. This the location of a court house in a newly created 

section has no reference to the publication of con- county, although it is not absolutely necessary it 

stitutional amendments. O. A. G. '11-'12, p. 48. might be a proper course for the county commis- 

Manner of presenting special questions for elec- sioners to incorporate in their minutes an order 

tion: While the laws of the state provide for the requiring the county auditor to provide for said 

county auditors upon receiving notification from the election. O. A. G. 11- 12, p. 38. 
secretary of state for special questions to be voted 

CHAPTER 25. 

QUALIFICATIONS OF VOTERS. 

§ 357. Qualifications of voters. Every person over the age of 
twenty-one years, possessing the qualifications following, shall be entitled 
to vote at all elections: He shall be a citizen of the United States and 
shall have resided in this state six months immediately preceding the elec- 
tion at which he offers to vote, and in the county thirty days : Provided, 
That no person shall be permitted to vote at any county seat election who 
has not resided in the county six months, and in the precinct ninety days, 
where he offers to vote ; nor shall any person be permitted to vote at any 
election for the division of the county, or striking off from any county any 
part thereof, who has not the qualifications provided for in section 3, 
article 18, of the constitution; nor shall any person be denied the right 
to vote at any school district election, nor to hold any school district office 
on account of sex. 

Hist. R. C. § 357 ; '90-'91, p. 57, § 2, reenacted voting upon changes in the coounty seat and is a 

'99, p. 33, § 2, modified by Const. VI, 2. provision authorized by Const. XVIII, 2. There is 

Cross ref . Qualifications of electors : Const. VI, 2. no contradiction in the law and thirty days' resi- 

Legislature may prescribe qualifications additional dence in the county is all that is required for reg- 

to those prescribed by the constitution : Const. VI, 4. istration. O. A. G. 05- 06, p. 148. 

Not applicable to new counties: Applies to county Residence : In a special election wherein the 

seat removals and not to elections for the purpose f atut + e Provides that persons having qualifications 

of permanently locating the county seat of a new to vote at the regular election shall be entitled to 

county. Leach v. Nez Perce (1913) 24 I. 322, 133 vo * e at the special election the provision requiring 

p Q9g actual residence of six months in the state is bind- 
ing, and the time spent in preparation and intention 

Removal of county seat: The requirement of a to rem0 ve to the state could not be counted. O. A. 

residence of six months in the county and in the q '09-'10, p. 63. 
precinct ninety days relates only to voters who are 

§ 358. Disqualifications. No person is permitted to vote who is 
under guardianship, idiotic or insane, or who has at any place been con- 
victed of treason, felony, embezzlement of public funds, bartering or sell- 
ing, or offering to barter or sell, his vote, or purchasing, or offering to 
purchase, the vote of another, or other infamous crime, and who has not 
been restored to the right of citizenship, or who, at the time of such 
election, is confined in prison on conviction of a criminal offense. 

Hist. R. C § 358; '90-'91, p. 57, § 3; '93, p. 35, withholding the elective franchise from polygamists 

§ 1 ; '95, p. 7, § 1, reenacted '99, p. 33, § 3. or members of any organization which teaches or 

r-.^= -«* a;w,:io~ ^w*,,;*,!™ „,: t u ~AAi+innz>\ encourages polygamy and prescribing a test oath 

H^r« mSL^m£ LwZX- fit VI 3 is not repugnant to the federal constitution. Woolley 

clauses disfranchising polygamists. Const. VI, 3. y Watking (18g9) 2 j 590> 22 p 102 

Test oath — Constitutionality: A territorial statute 

§ 359. Soldiers, sailors, students and inmates of asylums. For the 

purpose of voting, no person shall be deemed to have gained or lost a 
residence by reason of his presence or absence while employed in the 
service of this state or of the United States, nor while engaged in the 
navigation of the waters of this state, or of the United States, nor while 
a student of any institution of learning, nor while kept at any almshouse 
or other asylum at the public expense. 

Hist. R. C. § 359 ; '90-'91, p. 57, § 4 ; '99, p. 33, 
§ 4. 

Cross ref. Similar provision : Const. VI, 5. 

§ 360. Prostitutes and inmates of houses of ill fame. No common 
prostitute, or person who keeps or maintains, or is interested in keeping 
or maintaining, or who resides in or is an inmate of, or frequents or 

109 



C. 25 § 361 ELECTIONS 

habitually resorts to, any house of prostitution or of ill fame, or any other 
house or place commonly used as a house of prostitution or of ill fame, or 
as a house or place of resort for lewd persons for the purpose of prostitu- 
tion or lewdness, or who, being male or female, do lewdly and lasciviously 
cohabit together, shall be permitted to register as a voter or to vote at 
any election in this state, and any such person who shall so register or 
vote, or offer or attempt to so register or vote, shall, on conviction thereof, 
be punished by a fine not exceeding five hundred dollars, or by imprison- 
ment in the county jail not exceeding six months, or by both such fine and 
imprisonment. 

Hist. R. C. § 360 ; '07, p. 170, § 1. tion such courts have of the offense defined by this 

Indictable misdemeanor: The penalty prescribed section of the statute is to hold a preliminary exarn- 

by this section for illegal voting by inmates of V? 3 * 1 . " an< * commit the accused for trial in .he 

houses of ill fame is in excess of the jurisdiction of ^strict court. S. v. West (1911) 20 I. 387, 118 P. 

justices' and probate courts, and the only jurisdic- *•*■ 

§361. Same: Examination for registration. Whenever any person 
within any of the prohibited classes mentioned in the preceding section 
shall offer himself or herself for registration, it shall be the duty of the 
registration officer, in addition to offering to said person any elector's 
oath provided by law, to examine such person as to his or her qualifications 
under the preceding section, and if such person is not qualified by reason 
of being within the prohibited class, it shall be the duty of the registration 
officer to refuse to register such person, and the registration officer shall 
keep a brief memorandum in writing snowing all such examinations and 
his determination thereon. 

Hist. '13, c. 92, S 15, p. 377 ; '07, p. 170, § 2 ; in this section is now limited to "registrars" pro- 
R. C. S 361. The term "registration officer" as used vided by '17, c. 44, p. 96. 

§ 362. Same: Challenge of proposed voter. If any person within 
any of the prohibited classes mentioned in section 360, shall be registered 
and shall offer to vote, he or she may be challenged for being within such 
prohibited class or classes, and thereupon such person shall be examined 
as to his or her qualifications under said section, and if the board of 
election is satisfied that such person is within any such prohibited class, 
his or her vote shall not be received. 

Hist. R. C. § 362 ; '07, p. 170, § 3. 

§ 363. Same: Penalty for false statement. If any person within 
any of the prohibited classes mentioned in section 360 shall make any 
false answer to any such examination, either by such registration officer, 
or on such challenge before board of election, it shall be considered and 
held to be a separate and distinct offense from any offense mentioned in 
section 360, and on conviction thereof such person shall, in addition to 
any penalty incurred by any provision of said section, be punished by a 
fine not exceeding five hundred dollars, or by imprisonment in the county 
jail not exceeding six months, or by both such fine and imprisonment. 

Hist. '13, c. 92, § 16, p. 377 ; '07, p. 170, § 4 ; 
R. C. § 363. See note to § 361. 

CHAPTER 26. 

ELECTION PRECINCTS, JUDGES AND CLERKS. 

§ 364. Establishment of election precincts. The board of commmis- 
sioners of each county must establish a convenient number of election 
precincts therein. 

Hist. R. C. S 364 ; '90-'91, p. 57, § 37, reenacted 
•?9, p. 33, § 28. 

§ 365. Changing boundaries of precincts. The board may, from 
time to time, change the boundaries of, create new or consolidate estab- 
lished precincts, but they must not alter or change any election precinct or 

no 



ELECTION PRECINCTS, JUDGES AND CLERKS c. 26 § 367 

change the place of holding election in any precinct after their regular 
July meeting next preceding any election: Provided, That the precincts 
established and the places designated in which to hold elections at the time 
of the taking effect of this act shall so remain until changed. 

Hist. '13, c. 85, § 16, p. 359 ; '90-91, p. 57, § 38. 
reenacted '99, p. 33, § 29 ; R. C. § 365; '11, c. 178, 
§ 11, p. 581. 

§ 366. Designation and plan of polling places. The county commis- 
sioners of each county, at their meeting in July next preceding any general 
election, shall designate and appoint suitable polling places, throughout 
the county, and shall cause the same to be suitably provided with a suf- 
ficient number of voting shelves or compartments, at or in which voters 
may conveniently mark their ballots, so that in the marking thereof they 
may be screened from the observation of others, and a guard rail shall be 
so constructed and placed that only such persons as are inside said rail 
can approach within ten feet of the ballot boxes and of such voting shelves, 
places or compartments as are herein provided for. The arrangement 
shall be such that neither the ballot boxes nor the voting shelves or com- 
partments shall be hidden from view of those just outside the said guard 
rail, and such polling places shall be as near as practicable in the follow- 
ing form : 



Judges 
O O O 



G>0 



?r 

Rail or Wall 



O 

3 T3 
r+ S3 



Rail « Rail of any suitable material 






3 

Constable <£ 

3 



Gate 



3 



The number of such voting shelves or compartments shall not be less 
than one for every fifty electors, or fraction thereof, registered in the 
precinct, and the expense of providing such polling places, compartments, 
guard rails, and all necessary supplies, shall be a public charge, and shall 
be provided for in the same manner as all other election expenses. Each 
voting shelf or compartment shall be kept provided with proper supplies 
and conveniences for marking the tickets. At their regular meeting in 
July next preceding any election, the board of county commissioners of 
each county shall, as far as necessary, alter or divide the election precincts 
in such manner that each election precinct shall not contain more than 
six hundred voters: Provided, That in precincts containing less than 
twenty-five registered voters the election may be conducted under the 
provisions of this title without the preparation of such booths or com- 
partments as are required in this section. 

In all municipal elections the duties specified in this section as devolving 
on the county commissioners, shall devolve on the officers in each city or 
town whose duty it is to designate and appoint polling places therein. 

Hist. R. C. § 366 ; '90-'91, p. 57, § 51, reenacted 
'99, p. 33, § 42; '05, p. 317, § 1, combined with 
'90-'91, p. 57, § 51, reenacted '99, p. 33, § 43. 

§ 367. Appointment of judges. It is the duty of the county com- 
missioners, at their regular session in July next preceding a general elec- 

lii 



C. 26 § 368 ELECTIONS 

tion, to appoint three capable and discreet persons possessing the qualifi- 
cations of electors, such persons to act as judges of election at each election 
precinct; and the clerk of the board must make out and deliver to the 
sheriff of the county, immediately after the appointment of such judges, 
a notice thereof, in writing, directed to the judges so appointed; and the 
sheriff, within ten days of the receipt of said notice, must serve the same 
upon each of the said judges of election by registered mail. If in any pre- 
cinct any of said judges do not serve, the voters of said precinct may elect 
a judge or judges to fill the vacancy on the morning of the election, to 
serve at such election. The selection of officers must, as nearly as prac- 
ticable, represent all the different political parties or principles represented 
by the nominees in each county. It shall be the duty of the judges to 
designate one of their number to act as distributing clerk. 

All such judges of election shall hold office for two years, unless sooner 
removed by the board of county commissioners and shall act at all state 
and county elections. 

Hist. '13, c. 92, § 17, p. 378 ; '90-'9l, p. 57, §§ 49, clerk" substituted for "whose duty it shall be to 
50. reenacted '99, p. 33, §§ 40, 41 ; R. C. § 367 ; perform the duty which heretofore has belonged to 
'13, c. 24, p. 93. The phrase "to act as distributing the distributing clerk." 

§ 368. Same: Vacancies filled by election. If in any precinct any 
of said judges do not serve, the voters of said precinct may elect a judge 
or judges to fill the vacancy, on the morning of election, to serve at such 
election. The election of officers must, as nearly as practicable, represent 
all of the different political parties or principles represented by the nomi- 
nees in each county. 

Hist. '13. c. 24, p. 93; '90-'91, p. 57, §§ 71, 72, 
reenacted '99, p. 33, §§ 62, 63 ; R. C. § 368. 

§ 369. Judges to appoint clerks. The judges must choose two per- 
sons having similar qualifications with themselves to act as clerks of the 
election. The said judges shall be and continue judges of all elections of 
civil officers to be held at their respective wards or precincts until other 
judges are appointed and the said clerks of the election may continue to 
act as such during the pleasure of the judges of election. The county com- 
missioners must from time to time fill all vacancies which may occur in 
the office of judges of election at any election precinct within their re- 
spective counties. 

Hist. '13, c. 24, p. 93; '90-'91, p. 57, § 76, re- 
enacted '99, p. 33, § 67 ; R. C. § 369. 

§ 370. Compensation of judges and clerks. It is the duty of the 
clerk of the board of commissioners of each county, on the receipt of the 
returns of any general or special election, to make out his certificate, stat- 
ing therein the compensation to which the judges and clerks of the election 
are entitled for their services, and lay the same before the county com- 
missioners at their next session, and the board of commissioners must 
order the compensation paid out of the county treasury. The compensa- 
tion of judges of election and clerks is four dollars per day, and of con- 
stables, on duty at polling places, three dollars per day. 

Hist. R. C. S 370 ; '90-'91, p. 57, § 66, reenacted 
'99, p. 33, § 57. 

CHAPTER 27. 
DIRECT PRIMARY ELECTIONS. 

Note: Provision was made for primaries for the election of delegates to political conventions 
by '03, p. 360, R. C. §§ 371-81. This law was repealed in 1909 when the direct primary law was 
enacted, '09, p. 196, H. B. 16. The latter, as amended, '11, c. 178, p. 571, and '13, c. 85, p. 347, 
is embodied in this chapter. 

27:1. Nominations by direct primary mandatory. All candidates of 
political parties for congress, and for all elective state, district and county 

112 



DIRECT PRIMARY ELECTIONS 27:5 

offices, at regular elections, shall be nominated at a primary election con- 
ducted substantially according to the provisions of this chapter. 

Hist. '09, p. 196, H B. 16, § 1. Walling v. Lansdon (1908) 15 I. 282, 97 P. 396, 

Comp. leg.— Wash. Similar: '09, pp. 176-9. See Ann - Cas - 1916 B 5 96. 

Adams v. Lansdon (1910) 18 I 483, 110 P. 280, Ann. Where the legislature of the state has regulated 

Cas. 1915 A 367. the method and manner of holding primary elec- 

Cited: S. v. Gifford (1912) 22 I. 613, 126 P. 1060. tions, the selection of delegates and the conduct of 

c . . , .. _ . . mi, * t conventions, the legal rights of citizens participat- 

State regulation mandatory: The act known as ing therein shall be protected . Party con vent ons 

the primary election law ( 03, p 360, R. C. §§ 371- cannot confer rights or privilegeg upon persong not 

81 is mandatory and applies to and governs all elected according to law> or d ri ^ or ivi . 

political parties not therein specifically excepted. leges to persons elected according to law. lb. 

27 :2. Political party defined. A political party, within the meaning 
of this chapter, is an affiliation of electors representing a political organiza- 
tion under a given name, which at the last preceding general election cast 
for any candidate on their ticket for office within the state at least 10 per 
cent of the total vote cast for all candidates for the same office within the 
state, and upon which ticket there were at least three nominees for state 
offices. 

Hist. '09, p. 196, H. B. 16, § 2. nations at the direct primary election held on the 

Political parties: All political parties coming date fixed by law. S. v. Gifford (1912) 22 I. 613, 
within this definition are required to make nomi- 1~" *• 1060. 

27 :3. When election shall be held. A primary election shall be held 
on the first Tuesday of September, 1920, and biennially thereafter, for the 
nomination of candidates required to be nominated according to the pro- 
visions of this chapter to be voted for at the succeeding general election in 
November. 

Hist. '13, c. 85, § 1, p. 348; '09, p. 196, H. B. 16, 
§ 3, fixing time as last Tuesday in August; '11, c. 
178, § 1, p. 571, fixing time as last Tuesday in July. 

27:4. Candidates' qualifications. Any person legally qualified to 
hold such office is entitled to become a candidate for office, and to have his 
name placed upon the ballot provided for any primary authorized herein, 
upon a substantial compliance with the terms of this chapter, and not 
otherwise. 

Hist. '09, p. 196, H. B. 16, § 4. signed the petition of someone else afterward be- 

Candidate as nominator for another: I find noth- ™ming a candidate himself for the same position, 
ing in the law which would prevent one who had u - A - u - OJ-10, p. 8b. 

27:5. Form of nomination paper; when to be filed. Each candidate 
for office, or some qualified voter in his behalf, shall file a nomination paper 
in the proper office, as herein provided, at least 30 days, and not more than 
60 days, prior to the primary to be held to nominate candidates for such 
office, in substantially the following form, to wit : 

"I, the undersigned, being a qualified elector of precinct, 

county, state of Idaho, and a member of the ....party, hereby nominate 

, who resides in the town of , ..precinct, county, 

state of Idaho, as a candidate for the office of , to be voted for at the 

primary to be held on the ..day of.. .., 19 , and certify that he 

is legally qualified to fill said office, and represents the principles of said 
party. And I hereby declare that I intend to support said candidate for 
said office, and that I have signed no other nomination paper for a candi- 
date for the same office, and believe that said person would accept said 
nomination." 

All blank spaces shall be properly filled in with the necessary infor- 
mation. Said nomination paper shall be subscribed and sworn to before 
some officer authorized to administer oaths : Provided, That the nomina- 
tion paper of any candidate for the office of justice of the supreme court 
or district judge, shall not state the party affiliation of such candidate, nor 
the party affiliation of the elector filing such nomination paper. 

113 



27:6 ELECTIONS 

Hist. '13, c. 85, § 2, p. 349 ; '09, p. 196, H. B. 16, fee provided in § 7. O. A. G. '13-14, p. 36 ; O. A. G. 
§ 5. '15-16, p. 35. 

No nomination by petition : There is at present Time limit mandatory : A certificate -presented 

no method by which a person's name can be placed for filing 29 days before election cannot be legally 

upon the official primary ballot by petition, it being hied by the secretary of state. The provisions of 

necessary in all cases to file a nomination paper, this statute are mandatory. Seawell v. Gifford 

signed as provided in this section, and to pay the (1912) 22 I. 295, 125 P. 182, Ann. Cas. 1914 A 1132. 

27 :6. Fee to be paid or petition filed. A fee shall be paid by, or on 
behalf of, each candidate for office at the time of the filing of his nomina- 
tion paper. 

Hist. '13, c. 85, § 3, p. 349; '09, p. 196, H. B. Cited: Adams v. Lansdon (1910) 18 I. 483, 110 

16, § 6. Reference to petition is omitted by virtue P. 280, Ann. Cas. 1915 A 367. 
of amendment of § 8 and repeal of § 9, '13, c. 85, 
SS 5, 6, p. 350. See O. A. G. '13-14, p. 36; O. A. G. 
'15-16, p. 35. 

27:7. Amount of fee and to whom paid. The fee to be paid by, or 
on behalf of, any candidate shall be the sum of $2 for any office with a 
salary of $300 or less per annum; when such salary exceeds the sum of 
$300 per annum an additional sum equal to 1 per cent thereof on such 
excess. 

Said fees to be paid to the following officers, to wit : 

When the candidacy is for a congressional, state or district office em- 
bracing more than one county, the fee shall be paid to the secretary of 
state to be paid by him to the state treasurer, and when for district offices 
for more than one county the same shall be divided equally between the 
counties composing such district and paid to the respective treasurers 
thereof, and the secretary of state shall issue all necessary warrants for 
such payments on the state treasurer. When such fees are for county 
offices such fees shall be paid to the county auditors, and by them to the 
respective county treasurers. 

Hist. '13, c. 85, § 4, p. 349; '09, p. 196, H. B. Cited: Adams v. Lansdon (1910) 18 I. 483, 110 

16, § 7. Reference to petition is omitted by virtue P. 280; S. v. Gifford (1912) 22 I. 613, 126 P. 1060. 
of amendment of § 8 and repeal of § 9, '13, c. 85, 
S§ 5, 6, p. 350. See O. A. G. '13-14, p. 36 ; O. A. G. 
'15-16, p. 35. 

27:8. Nomination papers; where filed. All nomination papers here- 
in required shall be filed as follows : 

For candidates for congress, state officers and officers of districts that 
comprise more than one county, and to express a preference for United 
States senator, in the office of the secretary of state. For candidates to 
be voted for wholly within one county, in the office of the county auditor 
of such county. 

Hist. '13, c. 85, § 5, p. 350 ; '09, p. 196, H. B. nomination paper. 
16, § 8, which provided for a petition in lieu of a Cited: S. v. Gifford (1912) 22 I. 613, 126 P. 1060. 

27:10. Acceptance of nomination; when hied. Within five days 
after a nomination paper has been filed if for a county office and within 
10 days if for any other office, there shall be filed in the same office, an 
acceptance of said nomination signed by the candidate therein nominated, 
in default of which the name of said person shall not be placed upon the 
ballot as a candidate for such office : Provided, No acceptance need be filed 
where a candidate executes and files his own nomination paper. And, Pro- 
vided further, That this section shall not prevent the acceptance by said 
person of a nomination for the same office made by other legal nomination 
papers duly filed. 

Hist. '13, c. 85, § 7, p. 350; '09, p. 196, H. B. Construction: A person may be nominated and 

16, § 10. may let the time elapse in which to file his accept- 

Computation of time: The time for filing an ac- ance - or JT^y even decline to accept, and yet the 

ceptance of nomination by a candidate is computed sa .™ e . candidate may if his nomination is filed again 

by excluding the first day and including the last within the time allowed by law accept the second 

day unless the last day is a holiday, in which case nomination notwithstanding he has declined the for- 

it is also excluded and the candidate has until the nier one, or failed to accept within the time required 

following legal day to file his acceptance. Seawell b y statute. O. A. G. 11-12, p. 48. 
v. Gifford (1912) 22 I. 295, 125 P. 182, Ann. Cas. 
1914 A 1132. 

114 



DIRECT PRIMARY ELECTIONS 27:14 

27:11. Nominations other than by direct primary. Any organiza- 
tion of electors not governed by the terms of this chapter may nominate 
candidates in the manner provided by existing- laws : Provided, That all 
conventions for the nomination of candidates to be voted for at a general 
election shall be held on the same day as the primaries are held under this 
law to nominate candidates for the same positions. 

Hist. '09, p. 196, H. B. 16, § 11. assemblage of persons who represent themselves 

Cited: S. v. Gifford (1912) 22 I. 613, 126 P. 1060. only, but is intended to be an assemblage or body 

Convention defined: "Convention" as used and selected or appointed by some class, body or party 

employed in the direct primary election law, means of electors as representatives of the people, party or 

an organized body of delegates or representatives district making the selection or appointment. S. v. 

assembled for the purpose of making nominations, Gifford (1912) 22 I. 613, 126 P. 1060. 

and does not have reference to a mass meeting or 

27:12. Secretary of state to transmit lists of candidates; nonpar ti- 
zan judiciary. At least 20 days before any primary in September, the 
secretary of state shall transmit to each county auditor within the state a 
certified list containing the name, postoffice address, and party designation 
of each person entitled to be voted for at such primary, within the re- 
spective counties, and the office for which he is a candidate, as appears 
from the nomination papers filed in the office of the secretary of state: 
Provided, Said list shall not contain the party designation of candidates 
for justice of the supreme court and district judges. 

Hist. '13, c. 85, § 8, p. 350; '09, p. 196, H. B. 
16, § 12; '11, c. 178, § 2, p. 571. 

27:13. Publication by county auditors. The county auditor of each 
county shall cause to be published a notice containing the names and ad- 
dresses of all persons for whom nomination papers have been filed in his 
office, and then shown by the certificate from the secretary of state, under 
the proper party designation and title of each office ; giving the date of the 
primary to be held to nominate candidates for such offices, the hours dur- 
ing which the polls will be open, and that the primary will be held at the 
regular polling place in each precinct; and the names of candidates for 
each office shall appear in alphabetical order according to the letters of 
the surname ; said notice to be published at least once a week for two suc- 
cessive weeks in two newspapers published within said county, represent- 
ing the two political parties that received the largest vote at the last gen- 
eral election, if there are two such papers published within his county, and 
if not, then in two newspapers representing such parties which shall have 
an extensive general circulation within said county ; and shall cause to be 
posted in a conspicuous place a copy of such notice at the regular polling 
place in each precinct, and at or near each postoffice situated within said 
county. 

Hist. '09, p. 196, H. B. 16, § 13. notices prescribed in this section as well as those 

Notices: The clerk should transmit the published called for in 8 354 - °- A - G - ' n - 12 - P- 48 - 

27:14. Official primary ballot. As soon as possible a^ter the time 
has expired for the filing of nomination papers in his office, and the receipt 
of the certified list of candidates from the secretary of state, the county 
auditor of each county shall prepare a form of official ballot for each po- 
litical party which has qualified as hereinbefore provided and which has 
candidates regularly nominated for office ; the names of candidates for each 
office shall be arranged thereon alphabetically according to the first letter 
of the surname of each candidate. The official primary ballot shall be 
printed therefrom in the following manner : The name of candidates under 
headings designating each official position shall be alternated thereon in 
the printing in the following manner, namely : 

The form shall be set up with the names of candidates in the order in 
which they appear upon the form of official ballot prepared by the county 
auditor; in printing each set of official ballots for the various election 

115 



27:14 ELECTIONS 

precincts the position of the names shall be changed in each office division 
as many times as there are candidates in the office division or group in 
which there are the most names ; as nearly as possible an equal number of 
ballots shall be printed after each change. In making the changes of 
position the printer shall take the line of type at the top of each office 
division and place it at the bottom of that division, shoving up the column 
so that the name that was second before shall be first after the change. 
After the ballots are printed, before being cut they shall be kept in separate 
piles for each change of position and shall then be piled, taking one from 
each pile, and placing it upon the pile to be cut ; the intention being that 
every other ballot in the pile of printed sheets shall have the names in dif- 
ferent position. After the piles are made in this manner they shall be cut 
and placed in blocks of 100 ballots in each block, every other ballot in such 
blocks to have the names in different positions, as nearly as practicable. 
The said ballots shall be prepared in substantially the form of sample bal- 
lots hereto attached. For each party there shall be a separate ballot uni- 
form in size and printing, white and printed in black ink. 

Across the top of each ballot shall be printed in plain type : 

1. The words "Official Primary Ballot." 

2. The name of the party. 

3. The name of the county in which the ballot is to be used. 

4. "Instructions. You may at your option vote for both first and 
second choice if there are more than twice as many candidates as there 
are positions. To vote for a person for first choice make a cross (X) in 
the first square at the right of the name of the person for whom you desire 
to vote. To vote for a person for second choice make a cross (X) in the 
second square to the right of the name of the person for whom you desire 
to vote. You may vote for any qualified elector whose name is not printed 
on the ballot by writing the name of the person thereon under the appro- 
priate heading and making a cross (X) in the proper square at the right 
of such name. Do not vote for the same person for both first and second 
choice. In voting for candidates for justice of the supreme court and 
district judge you should vote for twice as many candidates as there are 
positions to be filled at the ensuing general election. After marking the 
ballot hand it to a judge to be placed in the ballot box for votes." 

Each ballot shall be divided by a line into three equal columns. In the 
first, or left hand column, shall be the names of candidates for United 
States senator, representatives in congress and state offices, excepting 
judicial offices. In the second column shall be the names of all candidates 
for the legislature and all county offices. In the third column, above which 
shall be printed the heading "Non-Partisan Judicial Candidates," shall be 
placed the names of all candidates for justice of the supreme court and 
district judge to be voted for in such county under the names of the offices 
but without reference to party affiliation. A blank space shall be provided 
under each official heading, in order that a voter may write in the name 
of a candidate for any office. On the same line with the official designation 

of the office shall be the instruction, "Vote for ," giving the number 

of candidates to be voted for, in case there is more than one officer of the 
same official designation to be nominated : Provided, That in the case of 
justice of the supreme court and district judges the instruction shall be 
to vote for twice as many candidates as there are positions to be filled at 
the ensuing general election : Provided further, That in the case of precinct 
committeemen the instruction shall be to write in the name of one qualified 
elector of the precinct for a member of the county central committee. To 
the right of the name of each candidate, and in the blank space and on 
the same line therewith, shall be two squares, above the first column of 

116 



DIRECT PRIMARY ELECTIONS 



27:14 



which shall be the words, "First Choice," and above the second column 
of which shall be the words, "Second Choice," except that the column of 
"Second Choice" squares shall not appear on the ballot in connection with 
the third column containing- the names of the candidates for justice of 
the supreme court and district judges. 

The ballot herein provided for and required shall be in substantially 
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27:15 



ELECTIONS 



OFFICIAL PRIMARY BALLOT 

Party county, Idaho. Instructions: You may at 

your option vote for both first and second choice in case there are more 
than twice as many candidates as there are positions. To vote for a person 
for first choice make a cross (X) in the first square at the right of the name 
of the person for whom you desire to vote. To vote for a person for second 
choice make a cross (X) in the second square at the right of the name of 
the person for whom you desire to vote. You may vote for any qualified 
elector whose name is not printed on the ballot by writing the name of such 
person thereon under the appropriate heading and making a cross (X) in 
the proper square at the right of such name. Do not vote for the same 
person for both first and second choice. In voting for candidates for justice 
of the supreme court and district judge you should vote for twice as many 
candidates as there are positions to be filled at the ensuing general election. 
In the space provided therefor, write in the name of one qualified elector of 
your precinct for member of the county central committee. After marking 
the ballot hand it to a judge to be placed in the ballot box for votes. 



Hist. '13, c. 85, § 9, p. 351 ; '09, p. 196, H. B. 16, 
* M ; '11, c. 178, § 3, p. 571. 

Constitutionality : Prior to amendment, it was 
held that the provision of this section which re- 
quired a voter to vote for both first and second 
choice if there are more than twice as many candi- 
dates as there are positions or offices to be "lied, 
was not in conflict with Const. I, 19. Adams v. 
I ansdon (1910) 18 I. 483, 110 P. 280, Ann Cas. 
1<>!7 C 482, 485. 

Writing in names: The voter may write in as 
cither first or second choice, or both first and sec- 



ond choice the name of any party or parties whose 
names are not printed upon the official ballot. O. 
A. G. '09-10, p. 88. 

Voting on judges, optional: It is not mandatory 
upon the voter to vote for twice the number of can- 
didates for district judge and supreme court jus- 
tices as there are positions to be filled. The voter 
may. at his option, vote for double the number of 
candidates that there are positions to fill, or for 
any number less. O. A. G. '13-14, p. 36. (Sustained 
by supreme court in Eldridge v. Utter, decided July 
16, 1914.) 



27:15. Manner of voting. Each vote shall be by ballot, printed as 
herein provided. When an elector offers to vote he shall call for the ballot 
of the political party of which he is a member, and shall have the right to 
receive the ballot of such party only. He may be challenged on the ground 
that he is not a member of the political party for whose ballot he asks, and 
if challenged the following oath of affirmation shall be administered to him 
by one of the judges of election : 

"Do you solemnly swear (or affirm) that you are a member of the 
party, that you intend to affiliate with such party at the next gen- 
eral election and that you intend in good faith to support its candidates 
generally." 

If upon being required to make such oath or affirmation by a judge 
of election he refuses to do so he shall not be permitted to receive a ballot 
nor allowed to participate in such primary election. Each voter shall upon 
receiving the ballot of his party retire to one of the booths and, without 
delay, mark the ballot received by him and fold it so that its face shall 
be concealed. He shall thereafter deliver said ballot received by him to 
one of the judges of election, and it shall be deposited by said judge in 
the ballot box for votes. In the event said voter shall soil or deface the 
ballot he desires to vote, he shall at once return the balllot received by him 
and get a new ballot, and the election officer shall place the ballot returned 
in the ballot box provided for waste ballots. 

Hist. '13, c. 85, § 10, p. 355 ; '09, p. 196, H. B. 

li. S 15. 

27:16. Expenses borne by county. All ballots, blanks and other 
supplies to be used at any primary hereby authorized, and the expenses 
necessarily incurred in the preparation for, or conducting of such primary, 
shall be paid out of the county treasury, in the same manner and with like 
effect, and by the same officers as in the case of general elections. 



Hist. '09, p. 196, H. B. 16, § 16. 



118 



DIRECT PRIMARY ELECTIONS 27 :24 

27:17. Qualification of voters. No person shall be qualified tc vote 
at any primary unless he will be a qualified elector of the county and state 
at the next general election and at the time of the primary be duly regis- 
tered in the precinct wherein he offers to vote. 

Hist. '09, p. 196, H. B. 16, § 17. 

27:18. False swearing; punishment. Any person who wilfully, 
knowingly or corruptly swears falsely to any material fact in a nomination 
paper, or relative to his qualifications as a voter upon registration or at 
a primary, shall be guilty of perjury, and upon conviction thereof shall be 
punished as provided in the penal code. 

Hist. '09, p. 196, H. B. 16, § 18. 

27:19. Forgery; punishment. Any person who shall write the name 
of another person as a signer or witness to a nomination paper, without 
his consent in presence of at least one witness, shall be deemed guilty of 
forgery, and upon conviction thereof shall be punished as provided in the 
penal code. 

Hist. '09, p. 196, H. B. 16, § 19. 

27:20. Time of opening and closing polls. The polls in the several 
election precincts on the day that any primary is held shall be open from 
10 o'clock in the morning until 8 o'clock in the evening of said day. No 
adjournment or intermission whatever shall take place until the polls shall 
be closed, and the votes counted, and the result publicly announced. 

Hist. '09, p. 196, H. B. 16, § 20. 

27:21. General election laws applicable. The provisions of the gen- 
eral laws relative to the holding of elections, the appointment of judges 
and clerks of election, the solicitation of voters at the polls, the challenging 
of voters, the manner of conducting elections, the officers and duties thereof 
at elections, the counting of ballots and making returns of the results, 
the canvassing of returns, and all other provisions relating to general elec- 
tions, shall applly to primaries in so far as they are applicable and con- 
sistent with the provisions of this chapter, the intent of this chapter being 
to place the holding of primaries for the nomination of candidates for 
office, under the protection and regulation of general laws now in force 
as far as possible, adding thereto the special features herein contained. 

Hist. '09, p. 196, H. B. 16, § 21. of Canvassers (1910) 18 I. 596, 605, 111 P. 133, 

No contest provided: There is no provision for Ann - Cas - 1913 A 703 - 
contesting a primary election. Lansdon v. S. Bd. 

27 :23. Printing and distribution of law. The secretary of state shall 
provide copies of this law and transmit the same to the county auditors of 
each county, at least 60 days before any primary election preceding a 
general election, and the county auditors of each county shall send at least 
one copy thereof to the proper election officer in each precinct, together 
with the other election supplies, for use at such primary. 

Hist. '09, p. 196, H. B. 16, § 23. 

27 :24. Expenditures by candidates. No person shall in order to aid 
or promote his own nomination to an office under the provisions of this 
law, directly or indirectly, himself or through any other person, give, pay, 
expend or contribute, promise to give, pay, expend or contribute any money 
or other valuable thing or service, except for personal expenses. The 
words "personal expenses" as used in this law shall include only expenses 
directly incurred and paid by a candidate for traveling and for purposes 
directly incidental to traveling, and for writing, printing, and preparing 
for transmission any letters, circular, or other publication, whereby he 
states his position or views upon public or other questions; for cards, sta- 
tionery and postage, and for the necessary expenses in hiring halls or 

119 



27:25 ELECTIONS 

other room for the purpose of holding public meetings to address the voters 
and others, upon public questions and matters relating to his candidacy: 
Provided, That no candidate for nomination to any office at any primary 
held under the provisions of this chapter shall expend for personal ex- 
penses, or at all, in order to aid or promote his own nomination to such 
office more than 25 per cent of the yearly compensation or salary attached 
to such office, if he be a candidate for any state office, member of congress 
or United States senator ; nor more than 15 per cent if he be a candidate 
for district judge; nor more than 10 per cent if he be a candidate for any 
county office, except county commissioner ; nor more than $100 if he be a 
candidate for county commissioner or member of the legislature. 

Hist. '11, c. 178, duplicate § 3, p. 576; '09, H. Payment of nomination fee: It is not intended 

B. 16, § 24. that the candidate may not pay his nomination fee. 

Constitutionality: The provisions of the primary °- A - G - '09-10, p. 84. 

election law in regard to personal expenditures of Publishing candidacy: A person may make the 

candidates to aid or promote their nomination are statement that he is a candidate and publish it as 

not repugnant to the provisions of Const. I, 9. it is certainly contemplated by the statute that the 

Adams v. Lansdon (1910) 18 I. 483, 110 P. 280, widest publicity be given to such. O. A. G. '09-10, 

Ann. Cas. 482, 485. . 86. 

Construed: All of the provisions in regard to the When candidacy commences: A person becomes 

nomination of a candidate and in regard to personal « candidate for office prior to the time of filing his 

expenses must be construed together, and the can- nomination papers and as soon as he decides to run 

didate is prohibited from expending for all such for office. Where one expects to be a candidate and 

purposes more than a fixed per cent of the yearly appears at gatherings of his party, prior to his 

salary of the office he is seeking, and the purpose nomination and prior to the filing of his nomina- 

of the expenditure by a candidate is the test of its tion papers, incidentally in furtherance of his in- 

<wfulness without reference to the time at which terests as a candidate, he is required to include the 

; t was made. Adams v. Lansdon (1910) 18 I. 484, expenses attendant thereon in the statement of ex- 

110 P. 280, Ann. Cas. 1917 C 482, 485. penses required by this section. O. A. G. '13-14, 

P. 36. 

27:25. Same: Statement of expenses. Every candidate for nomi- 
nation under the terms of this chapter or any amendment thereto shall 
not more than 20 days after the day of holding of the primary election 
at which he is a candidate, file an itemized statement in writing, duly 
sworn to as to its correctness, with the officer with whom his declaration 
of candidacy or other nomination paper is filed, setting forth each sum 
of money and thing of value or any consideration whatever, contributed, 
paid or promised by him or any one for him, with his knowledge or ac- 
quiescence for the purpose of securing or influencing, or in any way affect- 
ing his nomination to said office. Said statement to set forth sums paid 
as personal expenses and stating fully the nature, kind and character of 
the expenses for which the sums were expended separately and the party 
or parties to whom the sums were paid and the purpose for which such 
payments were made; and in this statement all sums or other considera- 
tions promised and not paid shall be included. Such statements when so 
filed shall immediately be subject to the inspection and examination of 
any elector and shall be and become a part of the public records. And 
the county auditor or secretary of state must notify all candidates not 
later than ten days after the primary election that the filing of such state- 
ment is required. 

Hist. '11, c. 178, § 4, p, 577; '09, p. 196, H. B. Cited: Adams v. Lansdon, 18 I. 483, 110 P. 280; 

16, § 25. Fuller v. Corey, 18 I. 558, 110 P. 1035. 

27:26. Same: Neglect to file; penalty. Any candidate for nomi- 
nation for any office under the terms of this chapter who shall fail, neglect 
or refuse to file with the proper officer the statement provided for in 
section 25 within the time provided therein or who shall fail to fully set 
out and detail any and all sums of money or other thing of value or consid- 
eration expended, paid, contributed or promised as in section 25 provided 
shall be guilty of a misdemeanor, and on conviction fined not less than 
$100 and not more than $500 and be imprisoned in the county jail not 
less than 30 days and not more than six months and shall be ineligible 
to become a candidate for the office for which he is then a candidate. 
Any candidate who shall fail to fully set out and detail such statement as 

120 



DIRECT PRIMARY ELECTIONS 27 :29 

hereinbefore required shall be and is hereby prohibited from having his 
name appear on the official ballot as a candidate and a vacancy shall there- 
by be created and exist for the nomination for which said person was a 
candidate and be filled as other vacancies under the terms of this chapter. 

Hist. '09, p. 196, H. B. 16, § 26. ineligible to have his name printed on the ticket on 

Cited: Adams v. Lansdon (1910) 18 I. 483, 110 account of his failure to file an expense account 

p 280 either within the time or in the manner provided 

'. , . , _ ... by the direct primary law. Fuller v. Corey (1910) 

Auditor a ministerial officer: The auditor cannot ^ j 553 no p 1035. 
sit in judgment on the candidate and adjudge him 

27:27. Improper influences prohibited; penalty. Any person who 
shall solicit, request, demand or receive directly or indirectly any money, 
intoxicating liquor, or any other thing of value, or promise thereof, either 
to influence his vote or to be used or under the pretence of being used 
to procure the vote of any other person or persons, or to be used at any 
poll or other place prior to or on the day of an election under this chapter 
for or against any candidate for office, or for or against any measure or 
question to be voted upon at such election, shall be guilty of a misdemeanor 
and upon trial and conviction thereof be punished by a fine of not less 
than $100 or more than $500, or by imprisonment in the county jail of 
not less than 30 days nor more than six months, or both such fine and 
imprisonment. 

Hist. '09, p. 196, H. B. 16, § 27. 

27:28. Unauthorized expenditures by candidates; penalty. Any 

candidate for nomination for office under the provisions of this law who 
shall, directly or indirectly, himself or through another person, give, pay, 
expend or contribute, or promise to give, pay, expend or contribute, any 
money or other valuable thing or service, except for personal expenses, as 
herein defined, in order to aid or promote his own nomination as a can- 
didate for such office, shall be guilty of a misdemeanor, and upon convic- 
tion thereof he shall be punished as provided in the penal code, and shall 
be disqualified to become a candidate for the office for which he seeks to 
be nominated, or to hold said office should he be elected thereto ; and it shall 
be a misdemeanor for any person, association or corporation to receive or 
accept any money or thing of value, promise or consideration for the sup- 
port or advocacy of the nomination of any person other than as herein 
defined as "personal expenses." 

Hist. '09, p. 196, H. B. 16, § 28. 
Cited: Adams v. Lansdon (1910) 18 I. 483, 110 
P. 280. 

27 :29. Central committees, county and state. At the primary elec- 
tion held on the first Tuesday in September as herein provided, each 
voter may write in the space left on the ticket for that purpose, the name 
of one qualified elector of the precinct in which he is voting for a member 
of the county central committee of the party of which he is a member. The 
one receiving the highest number of votes shall be committeeman of such 
precinct. The county central committee of each political party m each 
county shall consist of the precinct committeeman elected in the several 
precincts of the county at the primary election. Such committee shall 
serve until their successors are elected in like manner at the following 
primary election. The county central committee so elected shall meet at 
the court house at the county seat of each county at 12 o'clock m. on the 
10th day after the primary election and organize by electing a chairman, 
secretary and such other officers as they may desire, who shall hold office 
during the pleasure of such committee, and at the same time and place 
they shall also elect one qualified elector of the same political party as a 
member of the state central committee of that party, and the state central 
committee shall consist of one such committeeman from each county. 

121 



27:29 



ELECTIONS 



The county central committee of each county shall meet on the second 
Tuesday of June prior to the primary election and elect delegates belonging 
to the same political party to attend a state platform convention of such 
party, to be held at the time and place herein provided. The number of 
delegates to be elected by such county central committee shall be a number 
equal to three times the number of state representatives to be elected 
from such county at the general election therein for that year. No proxies 
shall be allowed in such convention but the members of the delegation 
from each county in actual attendance shall be entitled to cast the full 
vote of such delegation on all questions arising in such convention. 

The state central committee of each political party shall meet at the 
seat of state government on the third Tuesday in September after the 
primary election, and organize by electing a chairman, vice chairman, 
secretary and other officers. 

The county or state central committee shall have the power to make 
its own rules and regulations, may fill vacancies in said committees or 
authorize the chairman to fill the same, fill vacancies on the ticket, provide 
for the nomination of candidates to fill such vacancies, provide for the 
nomination of presidential electors and for officers not required to be 
nominated as herein specified, and may perform all other functions in- 
herent in such organizations by virtue of law or custom and not incon- 
sistent with the terms of this law, the same as if this law had not been 
enacted. 

The state central committee is hereby empowered to call state conven- 
tions for the election of delegates to attend the national conventions of 
their respective parties as may be provided by law. 

The state platform convention of all political parties, subject to the 
provisions of this chapter, shall meet at the seat of state government at 
12 o'clock m. on the last Tuesday in June before the primary election, and 
shall forthwith organize and by majority vote, adopt and promulgate the 
party principles and declarations of their respective parties, and shall, 
within three days after assembling file a copy of such platform with the 
secretary of state, which copy shall be certified as the platform of such 
political party by the chairman and secretary of such convention. 



Hist. '13, c. 85, § 11, p. 356; '09, p. 196, H. B. 
16, § 29; '11, c. 178, § 5, p. 577. 

Convention denned: "Convention," as used and 
employed in the direct primary election law, means 
an organized body of delegates or representatives 
assembled for the purpose of making nominations, 
and does not have reference to a mass meeting or 
assemblage of persons who represent themselves 
nly, but is intended to be an assemblage or body 
selected or appointed by some class, body or party 
of electors as representatives of the people, party or 
district making the selection or appointment. S. v. 
Gifford (1912) 22 I. 613, 126 P. 1060. 

Delegates: In the absence of a statute a party 
state central committee has such authority as may 
be given it by the authority creating it, or as is 
generally exercised by such committees, and may 
make up a temporary roll of delegates entitled to 
sit in the temporary organization of a state con- 
vention, but can only place on such roll legal dele- 
gates. Walling v. Lansdon (1908) 15 I. 282, 97 P. 
396, Ann. Cas. 1916 B 596. 

Where the statute prescribes the method of elect- 
ing delegates to participate in a convention, only 
those so elected are entitled to sit or participate, 
and the convention cannot convert a legal minority 
into a legal majority by permitting illegal delegates 
to vote with said legal minority. lb. 

Political disputes: In determining factional dis- 
putes in a political organization and the legality of 
party primaries and conventions, the courts will go 
s far as the law goes, and protect all legal rights 
conferred by law upon all persons participating 



therein. Party conventions, committees or the party 
authority cannot decide or determine a matter 
which is regulated by law, and thereby abrogate the 
• w or oust the courts of jurisdiction to determine 
-ich matter. Walling v. Lansdon (1908) 15 I. 282, 
97 P. 396, Ann. Cas. 1916 B 596. 

Powers of state central committee: The state 
central committee has the right by resolution to 
delegate to each county central committee the 
power to provide the manner of electing delegates 
to the state convention. Any reasonable regulation 
or rule which the central committee may adopt 
would be valid. The state central committee may 
adopt the rules and continue the custom of holding 
the election that prevailed in the party prior to 
any law upon the subject. O. A. G. '11-12, p. 79. 

Precinct officers: Precinct officers may, under 
the provisions of this section be nominated in any 
reasonable way provided by a party committee or j 
organization. Adams v. Lansdon (1910) 18 I. 484, 
110 P. 280, Ann. Cas. 1917 C 482, 485. 

State platform convention; number of delegates: 
The number of delegates to which each county is 
entitled in the state platform convention is three 
times the number of state representatives to be 
elected at the general elecion of that year from such 
county. "State representative" is used in this sec- 
tion in contradistinction to the term "state sena- 
tor," for which reason each county is entitled to 
three times as many delegates in the state platform 
convention as it has representatives in the lower 
ouse of the legislature. O. A. G. '13-14, p. 37. 



122 



: 



DIRECT PRIMARY ELECTIONS 27 :34 



27 :30. County platforms. If the nominees of the respective parties 
for county offices desire to adopt and promulgate any principles, declara- 
tions or pledges, they shall meet at the county seat of such county at 12 
o'clock m. on the third Tuesday of September after the primary election, 
and forthwith organize and by a majority vote, adopt their platform and 
file the same with the county auditor of such county within 24 hours there- 
after, which said platform shall be duly certified by the chairman and 
secretary of such meeting. 

Hist. '11, c. 178, § 6, p. 578; '09, p. 196, H. B. Cited: Adams v. Lansdon (1910) 18 I. 483, 110 

16, § 30. P. 280, Ann. Cas. 1917 C 482, 485. 

27:31. Candidate nominated on more than one ticket. If a voter 
shall write upon his ticket the name of any person who is a candidate for 
the same office upon some other ticket, said ballot shall be counted for 
such person as a candidate of the party upon whose ticket his name is 
written, and shall in no case be counted for such person as a candidate 
upon any other ticket. In case a person is nominated upon more than 
one ticket, he shall file with the proper officer a written declaration indi- 
cating the party designation under which his name is to be placed on the 
official ballot. 

Hist. '09, p. 196, H. B. 16, § 31. 

27:32. Canvassing votes; election officers. The votes at such pri- 
mary election shall be canvassed in the manner provided by the general 
election laws as nearly as practicable. The same officers shall be used 
at primary elections as provided for general elections. When ballots are 
taken from the ballot boxes, the ballots of each party shall be placed in a 
separate pile and when the canvass is completed the ballots of each party 
shall be securely fastened together. The judges shall count the ballot of 
each party separately and the clerks shall carefully enter the number of 
both first and second choice votes for each candidate on the tally sheets 
provided therefor, and when the count is completed shall ascertain the 
total vote cast for each candidate, and publicly announce the result and 
post the same at the front of the polling place. 

Hist. '11, c. 178, § 7, p. 579 ; '09, p. 196, H. B. sets of officers work during general election the 
16, § 32. same number should be appointed for the primary 

Election officers: In those precincts where two election, § 443. O. A. G. '11-12, p. 48. 

27 :33. Tally sheets, form. Two sets of tally sheets for each political 
party having candidates to be voted for at a primary election shall be fur- 
nished with the other supplies, and shall be practically as follows : 

Each tally sheet, or the first page of each tally book, shall be headed, 

"Tally sheet for . ...(name of political party), (name of 

county), (name of election precinct), (for primary held), 

(date). The names of candidates shall be placed on the tally 

sheets in the order in which they appear on the official ballots, and in 
each case shall have the proper party designation at the top thereof, ex- 
cepting for justice of the supreme court and district judges; in other par- 
ticulars said tally sheets shall be of similar form to those used at the 
general election. 

Hist. '13, c. 85, § 12, p. 357 ; '09, p. 196, H. B. 
16, § 33. 

27 :34. Nominees, how determined. The person receiving the high- 
est number, and not less than 40 per cent of the first choice votes at a 
primary election as the candidate of the party for an office shall be a can- 
didate of that party for such office, and his name as such candidate shall 
be placed on the official ballot at the following general election : Provided, 
That if no candidate at the primary election shall receive as many as 40 
per cent of the first choice votes, then and in that event a canvass shall 

123 



27 :35 ELECTIONS 

be made of the second choice votes received by the candidates for said 
office and said second choice votes shall be added to the first choice votes 
received by each candidate for such office, and the candidate receiving the 
highest number of first and second choice votes shall be the nominee for 
such office of the party nominating him, and his name as such candidate 
shall be placed on the official ballot at the following general election: 
Provided, That if no second choice votes are cast for any candidate 1 for 
such office the person receiving the highest number of the first choice 
votes for such office shall be the candidate of his party for that office. 

Candidates for justice of the supreme court and district judges shall 
be determined as follows : The number of candidates equaling the number 
of judicial positions to be filled who receive the highest number of votes 
at the primary election, and an equal number of candidates for such posi- 
tions (provided there are such candidates) who receive the next highest 
number of votes, shall be the candidates for such respective offices, and 
their names shall appear on the general election ballot under the designa- 
tion of such respective offices. The names of all candidates for justice 
of the supreme court and district judges to be voted for in each county 
shall be placed on the general election ballot in a separate column to the 
right of the columns used for the nominees of political parties and at the 
top of each column shall be placed the words "Non-Partisan Judicial Can- 
didates." Immediately under such heading shall be printed the following 
instructions to voters: "To vote for a person make a cross (X) in the 
square at the right of the name of the person for whom you desire to vote." 

Under the headings "For Justice of the Supreme Court" and "For 
District Judge" shall be placed respectively the names of all candidates 
entitled to be voted for to fill such offices, and under such designations and 
immediately preceding such names shall appear the following: "Vote 

for " giving the number of such offices to be filled at such general 

election. 

Hist. '13. c. 85. § 13. p. 358; '09, p. 196, H. B. added together; but in case no candidate has a ma- 

io. $ 34; '11 C. 178, § 8, p. 579. jority of the first choice votes or a majority of the 

Construed: The legislative intention is apparent fi ™t and second choice votes added together, then 

hat if possible each nominee should be selected by the candidate receiving a plurality of the first and 

a majority vote, first by a majority of the first second choice votes should be the nominee. Adams 

choice votes, and if that cannot be done, then by Tq^*?*!*? i«\ 910) 18 483 ' 110 P ' 28 °' A " n ' Ca8 ' 
a majority of the first and second choice votes " *■' ^ 482,485. 

27:35. Determination of tie. Should two or more candidates of a 
political party receive the same number of votes for the same office, the 
tie shall be determined by lot by the candidates ; if for a county office in 
presence of the county canvassing board, and if for a district or state 
office or member of congress before the state canvassing board. 

Hist. '09, p. 196, H. B. 16, § 35. 

Cited: S. v. Gifford (1912) 22 I. 613, 126 P. 1060. 

27:36. Ballots, disposition of. After all ballots have been counted 
they shall be locked in a ballot box, and the returns for all parties, show- 
ing the number of first and second choice votes received by each candidate, 
shall be securely sealed in an envelope and sent to the clerk of the board 
of county commissioners. 

Hist. '09, p. 196, H. B. 16, § 36. 

27:37. Canvass by county commissioners. As soon as all the re- 
turns are received and not later than the eighth day after a primary 
election, the board of county commissioners shall meet as a board of can- 
vassers, and canvass and make abstracts of the votes for the respective 
candidates for the different offices, and shall certify to the secretary of 
state the number of first and second choice votes received in such county 
by all candidates for United States senator, representatives in congress, 
state and district offices. Said board shall certify to the county auditor 

124 



NOMINATIONS BY CONVENTION AND BY PETITION C. 28 § 383 

the names of persons nominated by the different parties for the respective 
offices to be voted for at the ensuing general election in such county only. 

Hist. '13, c. 85, § 14, p. 359 ; '09, p. 196, H. B. board to the county auditor as having received the 

16, § 37. nomination of his party for a county office, the 

Cited: S. v. Gifford (1912) 22 I. 613, 126 P. 1060. du*y of causing the name of such nominee to be 

A ... , . . „,, j. , , „ . printed on the official ballot to be used at the sue- 

Auditor s duty: Where a candidate for nomma- ceeding general election ig , ministerial act. 

tion has been regularly certified by the canvassing Fuller v Corey (mo) lg L * 558 * no p 1035 

27:38. Canvass by state board. For the purpose of canvassing the 
result of the primary held as herein provided, the state board of can- 
vassers shall meet at the office of the secretary of state, at 10 o'clock in 
the forenoon of the 15th day thereafter. Said board shall canvass 
the votes for the candidates for United States senator, representatives 
in congress, state and district offices, and shall certify the nominees of 
the different parties therefor to the secretary of state, not less than 35 
days before the date of the general election ensuing. The said board 
shall also certify the candidates for justice of the supreme court and dis- 
trict judges who are entitled to have their names placed on the official 
ballot for the general election. 

Hist. '13, c. 85, § 15, p. 359 ; '09, p. 196, H. B. 
16, §38. 

27:39. Vacancies, how filled. Vacancies occurring after the hold- 
ing of any primary may be filled by the party committee of the state, dis- 
trict or county, as the case may be, or by a convention of the party duly 
organized, as may be most agreeable to the party organization. 

Hist. '09, p. 196, H. B. 16, § 39. tion law, and the central committee would have no 

Failure to nominate does not create vacancy: power to fill such position by appointment so as to 

Where no person's name was filed for nomination entitle the name of a person nominated by said 

before the primary election, this does not create committee to be placed upon the party ticket at the 

a vacancy within the meaning of the primary elec- general election. O. A. G. '11-12, p. 34. 

27:44. Registration. The provisions of section 396 shall apply to 
the holding of primary elections and the registration of voters, and the 
registrar shall prepare check lists and deliver them, together with the 
election register, to the judges of election, as therein provided to be done 
at general elections, and it shall be the duty of the judges of election to 
return the electors' register to the registrar on the following day after 
the primary election, and the registrar shall thereupon continue to reg- 
ister voters for the general election in all respects as provided by section 
396 for the registration of voters. 

Hist. '09, p. 196, H. B. 16, § 44. While it may seems to be necessary under '17, c. 44, p. 96, and , 
have been the intention of the legislature to repeal is justified by § 21 of this chapter, 
this section by '13, c. 92, § 21, p. 380, its revival 

n 



CHAPTER 28. 

NOMINATIONS BY CONVENTION AND BY PETITION. 

§ 382. Nominations by convention. Any convention or primary 
meeting, as hereinafter denned, held for the purpose of making nomina- 
tions to public office, and also electors to the number hereinafter speci- 
fied, may nominate candidates for public office to be filled by election 
within the state. A convention or primary meeting, within the meaning 
of this chapter, is an organized assemblage of electors or delegates rep- 
resenting a political party or principle. 

Hist. R. C. S 382; '90-91, p. 57, § 25, reenacted Cited: Walling v. Lansdon (1908) 15 I. 282, 97 

'99, p. 33, § 16. P. 396; S. v. Gifford (1912) 22 I. 613, 126 P. 1060. 

Comp. leg. — Mont. Similar: Pol. C. § 1310. S. v. What constitutes a convention: This section does 

Gifford (1912) 22 I. 613, 126 P. 1060. rot prescribe the number of people requisite to con- 

r- * ti.- u 4. u u „ ,~ ~ ^AoA in slittite a convention or primary meeting under the 

Cross ref. Tins chapter has been superseded in 4 j . 8 p ?6 

so far as the larger political parties are concerned 

by the preceding chapter, the direct primary law. 

§ 383. Certificate of nomination. All nominations made by such 
convention or primary meeting shall be certified as follows: The certifi- 
es 



C. 28 § 384 ELECTIONS 

cate of nomination, which shall be in writing, shall contain the name of 
each person nominated, his residence, his business, and the office for 
which he is named, and shall designate in not more than five words, the 
party or principle which such convention or primary meeting represents, 
and it shall be signed by the presiding officer and secretary of such con- 
vention or primary meeting, who shall add to their signatures their re- 
spective places of residence and their business. Such certificates, made 
out as herein required, shall be delivered by the secretary or president 
of such convention or primary meeting to the secretary of state or to the 
county auditor, as hereinafter required. 

Hist. R. C. § 383; '90-91, p. 57, § 26, reenacted Cited: Walling v. Lansdon (1908) 15 I. 282, 97 

'99, p. 33, § 17. P. 396; S. v. Gifford (1912) 22 I. 613, 126 P. 1060. 

§ 384. Certificates to be filed where. Certificates of nominations 
of candidates for offices to be filled by the electors of the entire state, or 
of any division or district greater than a county, shall be filed with the 
secretary of state. Certificates of nomination for county and precinct 
officers shall be filed with the auditors of the respective counties wherein 
the officers are to be elected. Certificates of nomination for municipal 
offices shall be filed with the clerks of the respective municipal corporations 
wherein the officers are to be elected. 

Hist. R. C. § 384; '90-91, p. 57, § 27, reenacted Mandamus: For application for a writ of man- 

'99, p. 33, § 18. date to compel the secretary of state to file a certifi- 

Cited: Cunningham v. George (1892) 3 I. 456, 31 cate of nomination, see Walling v. Lansdon (1908) 

P. 809, Ann. Cas. 1916A 711; S. v. Gifford (1912) ir » *■ 282 > 9 ' p 396 - 
22 I. 613, 126 P. 1060. 

§ 385. Nominations other than by convention. Candidates for pub- 
lic offices may be nominated, otherwise than by convention or primary 
meeting, in the following manner: A certificate of nomination, con- 
taining the name of a candidate for the office to be filled, with such in- 
formation as is required to be given in certificate provided for in section 
383, shall be signed by electors residing within the district or political 
division in and for which the officer or officers are to be elected, in the 
following numbers: The number of signatures, when the nomination 
is for a state office, shall not be less than three hundred; for a district 
office, or subdivision of the state, including two or more counties, the 
number of signatures shall not be less than one hundred and fifty; for 
a county office not less than fifty; and for a township, precinct or ward 
office, not less than ten : Provided, That the said signatures need not all 
be appended to one paper. Each elector signing a certificate shall add 
to his signature his place of residence and his business. Such certificates 
may be filed as provided for in section 384, in the same manner and with 
the same effect as a certificate of nomination made by a party conven- 
tion or primary meeting: Provided, That the registrar of each precinct 
or ward, as the case may be, shall certify to the secretary of state, the 
county auditor or the clerk of the municipality, as the case may be, that 
all the signers of the certificates are qualified electors and registered 
according to law for the ensuing election. 

Hist. R. C. § 385, am. '13, c. 92, § 18, p. 378, named thereon is entitled to have his name appear 

but original wording "the registrar of each precinct on the official ballot as an independent candidate 

or ward, as the case may be" in the last proviso for the office designated, but not upon the ticket 

revived by implication in '17, c. 44, p. 96, in sub- of any particular party. Phillips v. Curtis (1894) 

stitution for "clerk of the district court" in the 4 I. 193, 38 P. 405. 

amendment. '90-91, p. 57, § 28, reenacted '99, p. Same: Number of signers: Since members of 

33, § 19. the legislature are not officers required to be voted 

Comp. leg. — Cal. Similar: Kerr's Pol. C § 1188. for by the electors of the entire state, they do not 

Cited: Walling v. Lansdon (1908) 15 I. 282, 97 come within the class who, when nominated as in- 

P. 396; McDougall v. Sheridan (1913) 23 I. 191, dependent candidates, require a petition to be 

203 128 P 954. signed by 300 electors. lb. 

Independent candidates: Where a petition nomi- National officers: Neither this section nor the 
nating a candidate for office is signed by a suffi- direct primary law permit the nomination of presi- 
dent number of electors and is filed in due form c i^" tia i electors or congressmen by petition. S. v. 
within the time required by law, the candidate Gifford (1912) 22 I. 613, 126 P. 1060. 

126 



NOMINATIONS BY CONVENTION AND BY PETITION C. 28 § 389a 

§ 386. Same: Restrictions on independent nomination. No certifi- 
cate of nomination shall contain the name of more than one candidate 
for each office to be filled and, where the certificate of nomination is signed 
by electors under the provisions of the preceding section, there shall be 
a separate certificate for each candidate for office. No person who voted 
at a primary election at which a candidate for any office was nominated, 
shall be allowed to join in nominating, under the provisions of the pre- 
ceding section, a candidate for such office to be voted for at the same 
general election, and no person who voted at a general primary at which 
a candidate for any office was nominated, shall accept a nomination made 
under the provisions of the preceding section for such office to be voted 
for at the same general election. No person shall join in nominating 
more than one person for each office to be filled, and no person shall ac- 
cept a nomination to more than one office. The name of no more than 
one person nominated under the provisions of the preceding section, shall 
be placed in any one column on the official ballot for the general election 
and no party designation shall be used for any candidate or candidates so 
nominated. 

Hist. '13, c. 85. § 17, p. 360; '90-91, p. 57, § 29, cal convention of one party, cannot afterward 

reenacted '99, p. 33, § 20 ; R. C. § 386. sign a petition nominating another person belong- 

Signers of petition: Persons who participated }?» to ^"otnef party for the same office. Phil- 

in nominating one person for an office at a politi- "V s v - Curtis (1894) 4 I. 193, 38 P. 405. 

§ 387. Preservation of certificates. The secretary of state, the audi- 
tors of the several counties, and the clerks of the several municipal cor- 
porations, shall cause to be preserved, in their respective offices, for one 
year, all certificates of nominations filed in their respective offices under 
the provisions of this chapter. All such certificates shall be open to 
public inspection under the proper regulations to be made by the officers 
with whom the same are filed. 

Hist. R. C. § 387 ; '90-91, p. 57, § 30, reenacted 
'99, p. 33, § 21. 

Comp. leg.— Cal. Similar: Kerr's Pol. C. § 1191. 

§ 388. Time for filing certificates. Certificates of nomination to be 
filed with the secretary of state shall be filed not more than 60 days 
and not less than 35 days before the day fixed by law for the election 
of the persons in nomination. Certificates of nomination herein directed 
to be filed with the county auditor shall be filed not more than 
60 days and not less than 25 days before election. Certificates 
for the nomination of candidates for municipal offices shall be filed with 
the clerks of the respective municipal corporations not more than 30 
days and not less than 10 days previous to the day of election : Provided, 
That the time specified for filing certificates of nominations, as provided 
in this section, shall not be held to apply to nominations for special elec- 
tions to fill vacancies caused by death, resignation or otherwise. 

Hist. R. C. § 388; '90-91, p. 57, § 31, reenacted fere election day at 4:30 p. m. is presented within 

•.,(1 r , 33 s 22 the time prescribed by this section. Grant v. Lans- 

' ,' -„ T , .. . f . ofa i, ao _ a don (1908) 15 I. 342, 97 P. 960, Ann. Cas. 1914A 

Time for filing: If the secretary of state keeps v ' 

his office open after 4 p. m., a certificate of nomi- ' 

nation presented to him on the thirty-fifth day be- 

§ 389. Names of candidates to be certified by secretary of state. 

Not less than 30 days before an election to fill any public office, the 
secretary of state shall certify to the county auditor of each county within 
which any of the electors may by law vote for candidates for such office, 
the name and description of each person nominated for such office, as 
specified in the certificates of nomination filed with the secretary of state. 

Hist. R. C. g 389 ; '90-91, p. 57, § 32, reenacted 
•99, p. 33. § 23. 

§ 389a. Publication of nominations. As soon as the county auditor 
shall have received the information required to be certified to him by 

127 




C. 28 § 390 ELECTIONS 

the secretary of state as provided in section 389, it shall be his duty to 
compile in ballot form the information contained in said certificate to- 
gether with the information contained in all certificates of nomination 
to county and precinct officers which may be filed with him as the nomi- 
nees to be voted on at the next succeeding general election and cause the 
same to be published for two weeks in not less than two nor more than 
four newspapers published within the county. Said publication shall be, 
as far as possible, in the form in which such nomination shall appear 
upon the official ballots. In the case of municipal elections such publica- 
tion of the names of candidates for municipal officers shall be made in 
newspapers which are published within the municipality where the 
election is to be held. 

In making said publications county auditors shall keep in view the 
object of giving information as far as possible to the largest number of 
voters of all political parties. 

As soon as the city or village clerk shall have received the certificates 
of nomination for the city or village offices as are required to be filed with 
him under section 388, it shall be his duty to compile in ballot form the 
information contained in said certificates and cause the same to be pub- 
lished for one week in two newspapers of general circulation in such city 
or village. 

Hist. '09, p. 297, H. B. 293, §§ 1, 2. 

§ 390. Declination of nomination. Whenever any person nominated 
for public office, as in this chapter provided, shall, at least 30 days be- 
fore election, except in the case of municipal elections, in a writing signed 
by him, and certified to by the registrar of the precinct where the per- 
son nominated resides, notify the officer with whom the certificate nomi- 
nating him is by this chapter required to be filed, that he declines such 
nomination, such nomination shall be void. In municipal elections such 
declination must be made at least ten days before the election. 

Hist. R. C. S 390 ; '90-91, p. 57, § 33, reenacted at least thirty days before election is mandatory, 

99, p. 33, § 24. "Notify" substituted for "notify- and the auditor may refuse to accept a declination 

ing." presented for filing within thirty days of the elec- 

Mandatory provision: The provision of this sec- tion - Napton v. Meek (1902) 8 I. 625, 70 P. 945. 
tion requiring declinations of nominees to be filed 

§ 391. Mode of filling vacancies. Should any person so nominated 
die before the printing of the tickets, or decline the nomination as in this 
chapter provided, or should any certificate of nomination be or become 
insufficient or inoperative from any cause, the vacancy or vacancies thus 
occasioned may be filled in the manner required for original nominations. 
If the original nomination was made by a party convention which had 
delegated to a committee the power to fill vacancies, such committee may, 
upon the occurring of such vacancies, proceed to fill the same. The 
chairman and secretary of such committee shall thereupon make and file 
with the proper officer a certificate setting forth the cause of the va- 
cancy, the name of the person nominated, the office for which he was 
nominated, the name of the person for whom the new nominee is to be 
substituted, the fact that the committee was authorized to fill vacancies, 
and such further information as is required to be given in an original cer- 
tificate of nomination. The certificate so made shall be executed in the 
manner prescribed for the original certificate of nomination, and shall 
have the same force and effect as an original certificate of nomination. 
When such certificate shall be filed with the secretary of state, he shall, 
in certifying the nominations to the various county auditors, insert the 
name of the person who has thus been nominated to fill a vacancy in place 
of that of the original nominee. And in the event that he has already 
sent forth his certificate, he shall forthwith certify to the auditors of the 

128 




REGISTRATION OF ELECTORS C. 29 § 394 

proper counties the name and description of the person so nominated to 
fill a vacancy, the office he is nominated for, the party or political prin- 
ciple he represents, and the name of the person for whom such nominee 
is substituted. 

Hist. R. C. S 391 ; '90-91, p. 57, § 34, reenacted 
*99, p. 33, § 25. 

Cited: Baker v. Scott (1895) 4 I. 596, 43 P. 76. 

§ 392. Use of stickers on tickets. When any vacancy occurs before 
election day and after the printing of the tickets, and any person is nomi- 
nated according to the provisions of this chapter to fill such vacancy, the 
officer whose duty it is to have the tickets printed and distributed, shall 
thereupon have printed a requisite number of stickers, and shall mail 
them by registered letter to the judges of election in the various precincts 
interested in such election. The distributing clerk, whose duty it is 
made by the provisions of this title to distribute the tickets, shall affix 
such stickers in the proper place on each ticket before it is given out to 
the elector. 

Hist. . R. C. S 392 ; '90-91, p. 57, § 35, reenacted written, to be attached to the official ballot by the 

'99, p. 33, § 26. individual voter. This section provides for the use of 

Crors ref. Mutilation of ballot by voter prohib- stickers in case a person, after the printing of the 

ited § 408. ballot, is nominated to fill a vacancy. Stickers can 

' . * . i j j- -. x De used in no other cases than as specified by the 

Stickers: An independent candidate cannot use statute O A G '13-14 p 30 
stickers or printed slips upon which his name is 

CHAPTER 29. 
REGISTRATION OF ELECTORS. 

Note: The system of registration provided by this chapter is substantially the same as pro- 
vided in the Revised Codes, §§ 393-401. The system was replaced by a system of permanent 
registration, '13, c. 92, p. 368, under which the clerk of the district court was the principal 
registration officer of the county. The substitute system contained a provision for registration 
upon election day which nullified the advantages of any registration system. In 1917 as a 
result of the alleged abuses of the new system the old system was revived, '17, c. 44, p. 96. The 
repealing clause of the revival act, S 10, p. 103, is unfortunately worded, since it in terms re- 
peals only § 1 of c. 92, of the Laws of 1913, although the title refers to the repeal of the entire 
chapter. It is thought that the two systems are so inconsistent, however, that no part of the 
substitute system was retained, notwithstanding the merits and particularly the economy of a 
permanent registration list. 

§ 393. Appointment of registrars. The board of county commis- 
sioners of each county of the state must, at its regular meeting in April, 
next preceding each general election, appoint a registrar for each election 
precinct in the county, who jnust be a qualified elector, resident of such 
precinct, and otherwise a proper person and qualified to perform the 
duties of such office, and such registrar may hold his office until his suc- 
cessor is appointed and qualified. When any registrar fails to act, or the 
office becomes vacant, the said beard, if in session, must appoint another 
registrar; or if said board is not in session, the chairman of the board 
must appoint ; and should a registrar not be appointed, or from any cause, 
none should act, the electors may, on the second Saturday of May at 1 
o'clock p. m. next preceding any general election to which this title is 
applicable, meet at the place in the precinct appointed by said board for 
the holding of such election, or should the board fail to appoint a place, 
then at the place where the last general election was held, and elect a 
registrar. 

Hist. '17, c. 44, § 1, p. 96, substantially reenact- Liberal construction: Statutes prescribing dutiei 

ing R. C, § 393; '90-91, p. 57, § 40, reenacted '99, of election officers relative to registering voters 

n 33 « 31 • '03, p. 354, H;R. C. 1 393; '09, p. should not be so construed as to make right of citi- 

196, H.' B. 16, § 42; '11, c. 178, § 9, p. 579; re- zens to vote depend upon strict observance of law 

»f a ed '13 c 92 S h n 380 bv such officers. HufTaker v. Ldgingion (1917) 80 

peaiea Ltf, c. ȣ, $ zi, p. anu. j . ^ ^ p ^ 

§ 394. Registration notices, books and supplies. The said board 
must, prior to the first day of May next preceding any general election, 
cause notice to be given for not less than 15 days, by publication in some 

129 
Pol -5 



c. 29 § 395 



ELECTIONS 



newspaper published in the county, if there be one, otherwise by at least 
three notices posted up in different parts of the county, one of which 
must be at the courthouse door, giving the names and general description 
of election precincts, the name of the registrar for each precinct, and the 
time during which registration may be made, which shall be, for every 
general election, during each Saturday including and from the first day 
of May, to and including the Saturday next preceding the primary elec- 
tion, when such registration books shall be closed until the Saturday fol- 
[ lowing such primary election, when the same shall be reopened for regis- 
tration of electors until 9 o'clock p. m. on the Saturday next preceding the 
general election. At the time of or before giving such notice, the board 
must furnish to each registrar two books, one, to be known as the "election 
register" for the registry of qualified electors, and the other for the regis- 
try of rejected applicants. Each of such books must be ruled and headed 
substantially as follows: 



Number. 



Name of Elector. 



Dates of Registration 

or 
Dates of Rejection. 

Age. 



Where Born. 



Description of Residence. 



Certificate of Naturalization. 
Exhibit — Yes or No. 



Remarks. 



At the same time the said board must furnish to the registrar the 
blank notices, certificates, oaths and all other blanks, books, and papers, 
needed and required to perform the duties of his or her office as such 
registrar. 



Hist. '17, c. 44, § 2, p. 97, substantially reenact- 
ing R. C. S 394 ; '90-91, p. 57, § 41, reenacted '99, 
P 33, S 32 ; '03, p. 354, § 1 ; '05, p. 380, § 1 ; '09, 
p 196, H. B. 16, § 43; '11, c. 178, § 10, p. 580; 
K C. S 394; repealed '13, c. 92, § 21, p. 380. 

Cited: Shoshone Highway Dist. v. Anderson 
(1912) 22 I. 109, 125 P. 219. 

Powers of registrar: Registrar may give notice 
of days other than certain Saturdays preceding spe- 



cial election, on which he will receive applications 
for registration. Gillesby v. Comrs. of Canyon Co. 
(1910) 17 I. 586, 107 P. 71, Ann. Cas. 1913 B 17, 
23, 24, 1916 D 62; Nims v. Gilmore (1910) 17 I. 
609, 107 P. 79. 

Notice: One notice is all that is necessary pro- 
vided the notice sets out fully when registration 
may be had for the primary election and also the 
general election. O. A. G. '11-12, p. 48. 



§ 395. Oath of registrar. Before entering upon the duties of his 
office, each registrar must take and subscribe, before any officer authorized 
to administer oaths, the official oath required of all officers acting under 



130 



REGISTRATION OF ELECTORS C. 29 § 396 

the laws of the state of Idaho, which, when so taken and subscribed, must 
be by him filed with the clerk of the board of county commissioners, and 
said registrar may thereupon register his own name in the elector's 
register. 

Hist. '17, c. 44, § 3, p. 98, reenacting R. C. § 
895 ; '90-91, p. 57, § 42. reenacted '99, p. 33, § 33 ; 
R. C. S 395; repealed '13, c. 92, § 21, p. 380. 

§ 396. Registration of voters; elector's oath; check lists. He must 
also, prior to the time of commencement of registration, post notices in 
at least three public places in different parts of his precinct, most likely 
to give notice to the inhabitants thereof, giving the time, days and hours 
during, and the place at which he will be ready to receive and hear appli- 
cations for registration, and he must thereafter, on the days named by 
him in said notice, be at the place designated, from the hours of 9 o'clock 
a. m. to 5 o'clock p. m. and from 7 o'clock p. m. to 9 o'clock p. m., and 
receive and register the names of all persons applying, who are, or will 
be on the day of election for which registration is made, entitled to vote 
thereat. He must, also, on any other day of the week, except holidays, 
during said time of registration, register any such elector who may find 
and apply to him at his place of registration, and he may, at any time or 
place during said time of registration, register any such elector of his 
precinct. He may, at any time, examine under oath any applicant as to 
his qualifications, and he must examine and permit any qualified elector 
of his county to examine any applicant for registration, either when such 
applicant is not known to the registrar to be a qualified elector, or when 
any such qualified elector challenges such applicant and specifies his cause 
of challenge. 

When any applicant claims to be a naturalized citizen the production 
by him of his certificate of naturalization is prima facie evidence of citi- 
zenship. If he cannot produce such certificate, he must state, under oath, 
positively, the time when, and plsce and court where, he was naturalized ; 
and he must by his own, or other testimony, make it satisfactorily appear 
to such registrar that he has been duly naturalized and that his certificate 
thereof has been lost, destroyed or is beyond his control and thereupon 
he must be deemed a citizen, and entitled to registration if otherwise 
qualified. All examinations before such registrar must be reduced to 
writing, when desired by such applicant, challenging elector or registrar. 
Such examination for any one applicant shall not exceed one-half hour, 
without the consent of the registrar. If any applicant refuses to answer all 
questions, give all information under his control, take all other oaths, 
and do all other acts and things required of him by law, his application 
must be rejected by the registrar. 

The registrar must, before he registers any applicant, require him to 
take and subscribe the oath to be known as the elector's oath, which is 
as follows : 

Elector's Oath. 

I do swear (or affirm) that I am a citizen of the United States, of the 

age of 21 years, or will be the day of A. D. 19 (naming 

the date of the next succeeding election) ; that I have (or will have) 
actually resided in this state for six months, and in this county for 30 
days next preceding the next ensuing election (in case of any election 
requiring a different time of residence so make it) ; that I have never 
been convicted of treason, felony, embezzlement of public funds, barter- 
ing or selling or offering to barter or sell my vote, or purchasing or offer- 
ing to purchase the vote of another, or other infamous crime, without 
thereafter being restored to the rights of citizenship; that I will not com- 

131 



c. 29 § 397 



ELECTIONS 



mit any act in violation of the provisions in this oath contained ; that I 
am not now registered or entitled to vote at any other place in this state ; 
that I do regard the constitution of the United States and the laws thereof, 
and the constitution of this state and the laws thereof, as interpreted by 
the courts, as the supreme law of the land; (when made before a judge of 
election add: "and I have not previously voted at this election,'') so 
help me God. 

(Signed) 

Subscribed and sworn to before me this day of A. D. 19 

Registrar of precinct, county, Idaho. 

When the registrar admits any one to registration he must enter, in 
the proper column of the elector's register the number, the name in full 
(except any middle name, which may be by initial), date of registry, age, 
place of nativity and residence of the elector so admitted. The residence 
must be so described by giving the house, street, ward, or part of the 
precinct he resides in, that it may be easily found ; also it shall be stated, 
if a naturalized citizen, whether or not he produced his certificate, and 
the registrar may, in the column of remarks, add any pertinent notes. 

He must also enter the names, with statements similar to the above, 
of all persons who are refused registration, in the books kept for that 
purpose, and therein state the reason of such refusal. 

During the time between the last day of registration and the day of 
election each registrar must prepare for his elector's register two check 
lists of all the names registered by him, arranged alphabetically accord- 
ing to the surname, placing on the left of the name the same number it 
bears in the elector's register, and on the right of the column of names, a 
blank column in which to indicate by the word "voted" when the elector 
votes ; said check lists must have a heading showing for what election 
it was prepared and used ; they must be carefully prepared without inter- 
lineations, in legible writing or typewriting, certified and sworn to by 
the registrar, and, not later than the day next preceding the election, he 
must deliver to one of the judges of election of his precinct his elector's 
register, and the register containing the names of those refused regis- 
tration, and to each of the other two judges, who are not of the same 
political party, a copy of said check lists, and such judges must, as the 
electors vote, write the word "voted" opposite their names in said check 
lists, while the clerks of election keep the record of the electors voting as 
elsewhere provided in this title. 



Hist. '17, c. 44, § 4. p. 98, reenacting R. C. § 
396 ; '90-91, p. 57, § 43, reenacted '99, p. 33, § 34; 
'03, p. 354, § 1 ; '05. p 380, § 1 ; R. C. § 396 ; re- 
pealed '13, c. 92, § 21, p. 380. 

Cross ref. For duties of registrar with reference 
to primary elections, see C. L. 26 :44. 

Cited: Wilson v. Bartlett (1900) 7 I. 271, 62 P. 
416. 

Place and time of registry: The place of reg- 
istry is immaterial and an applicant may be regis- 
tered at any place and time during the period pro- 
vided by law. Registration on Saturday or any 
other day at any place would be valid. O. A. G. 
'05-06, p. 142. 

The days on which the registrars will hear ap- 
plications for registration are left entirely to the 
discretion of the registrar. Gillesby v. Comrs. of 



Canyon Co. (1910) 17 I. 586, 107 P. 71, Ann. Cas. 
1913 B 17, 23, 24, 1916 D 62; Nims v. Gilmore 
(1910) 17 I. 609, 107 P. 79. 

Power to administer oath: This section confers 
upon the registrar the power to administer oaths. 
T. v. Anderson (1889) 2 I. 573, 21 P. 417, 24 A. S. 
R. 678. 

Registration for each election : Registrars are 
not permitted to transfer the names registered at 
the last previous election to their current lists. 
Every elector must register anew for each election. 
O. A. G. '05-06, p. 142. 

Specifications for register: The law specifically 
requires that the registrar note the age of voter in 
his book, and it would not be sufficient to note 
simply the statement in the oath of being over 21 
years of age. O. A. G. '05-06, p. 148. 



§ 397. Preservation of registrar's papers. All persons offering to 
vote at any election are subject to challenge, as provided by the election 
laws, but registration of any elector's name is prima facie evidence of 
his right to vote, and no person shall vote unless he is first registered. 

Each registrar, after so preparing his check lists, must arrange the 
elector's oaths taken before him in the order the names of the electors 



132 



REGISTRATION OF ELECTORS C. 29 § 399 

who took them appear upon the check lists, and attach them together, 
putting the names under each letter in a separate package ; and all such 
oaths, certificates and written testimony taken by the registrar, and the 
registrar books of electors and persons rejected, delivered to said judges, 
must all be transmitted, and other election returns, to the clerk of the 
board of county commissioners, who must preserve the same for at least 
one year. 

Hist. '17, c. 44, § 5, p. 101, reenacting R. C. § Cited: Wilson v. Bartlett (1900) 7 I. 271 62 P 

?Au ; '90-91, p. 57, § 44, reenacted '99 p. 33, § 35; 416. 
R. C. $ 397; repealed '13, c. 92, § 21, p. 380. 

§ 398. Registrar to estimate tickets required. Each registrar must, 
25 days previous to the day of the primary election and 25 days prior to 
the general election, notify the clerk of the board of county commissioners 
of his county of the probable number of tickets required for the precinct 
of which he is registrar, basing his estimate upon the number of regis- 
tered electors, allowing a sufficient number for contingencies at each 
election. 

Hist. '17, c. 44, § 6, p. 101, reenacting R. C. 
Si 398; '90-91, p. 57, § 45, reenacted '99, p. 33, § 36; 
R. C. § 398; repealed '13, c. 92, § 21,. p. 380. 

§ 399. Transfer certificates. When a registered elector desires to 
remove his residence from a precinct where he is registered, he may, at 
any time before the registrar has closed his registration books, apply 
to such registrar to have his name stricken from the register, and the 
registrar must then strike the name of such elector from the register, 
and shall deliver to said elector a transfer certificate substantially in the 
following form, to wit: 

Transfer Certificate. 

'This certifies that was on the day of.... , 19 , 

duly registered in precinct, in the county of.. , state of Idaho; 

and that at his own request his name has been this day erased from the 
official register of said precinct. 

"Witness my hand this day of , 19 

"Registrar of precinct, county, Idaho." 

Such transfer certificate shall entitle the elector named therein to be 
registered in any other precinct in the same county, if it be filed with the 
registrar of such other precinct at any time before the close of the last 
day of registration. 

Any elector who has taken out a transfer certificate as in this section 
provided, may personally file the same with the registrar of the precinct 
in which he desires to register and vote, or he may send his transfer 
certificate to such registrar by registered mail. If the elector file his 
transfer certificate personally, he shall be treated as any other applicant 
for registration; if the elector send his transfer certificate by mail to 
the registrar, his name shall be entered in the official register and check 
lists; and on the check lists, opposite the name of each elector who has 
filed a transfer certificate personally, the registrar shall enter the words, 
"registered by certificate," and opposite the name of each elector who has 
sent his transfer certificate by mail the registrar shall enter, "registered 
by certificate by mail," and the registry number appearing upon the en- 
velope in which the transfer was sent to him. Upon the day of election, 
when an elector registered by transfer certificate by mail offers to vote, 
the judges of election, or one of them, shall, before receiving and deposit- 
ing the ballot, administer to such elector the same oath that is required 
to be taken before registrars by all electors applying for registration, 
and shall require such elector to exhibit the original registered letter re- 

133 



C. 29 § 400 ELECTIONS 

ceipt issued to him when he mailed his transfer certificate to the registrar, 
and the number on the check list opposite the name of such elector must 
correspond with the number on the registered letter receipt. 

Hist. '17, c. 44, § 7, p. 101, reenacting R. C. § Transfer to another county: While there is no 

399 ; '90-91, p. 57, S 46 ; '95, p. 91, § 2, reenacted specific provision for transfer from one county to 

'99. p. 33, § 37 ; R. C. § 399 ; repealed '13, c. 92, another, an elector who after registration in one 

§ 21, p. 380. county establishes residence in another v county, 

Transfer necessary to vote: If registered in one should secure transfer certificate, present it at his 

precinct, a voter cannot vote in another precinct in new place of residence^ and take the electors oath 

the same county, nor register therein, without first anew. O. A. G. a1-1_, p. 71. 
obtaining a transfer cerificate. O. A. G. '13-14, 
p. 37. 

§ 400. Mandate to compel registration. Should any registrar at 
any time refuse to register any applicant, such applicant may apply to 
the district court, or the judge thereof, for a writ of mandate to compel 
the registrar to register him, and the provisions of the code of civil pro- 
cedure in similar proceedings are applicable. 

Hist. '17, c. 44, § 8, p. 102, reenacting R. C. § R. C. § 400 ; repealed '13, c. 92, § 21, p. 380. 
400; '90-91, p. 57, § 47, reenacted '99, p. 33, § 38; Cross ref. Mandate: §§ 4976-4989. 

§ 401. Compensation of registrar. The several registrars shall re- 
ceive such compensation as shall be allowed by the board of county com- 
missioners, which in no case shall exceed 25 cents for each name regis- 
tered, and the compensation herein provided for shall be paid out of the 
current expense fund. 

Hist. '17, c. 44, § 9, p. 103, reenacting R. C. § '03. p. 354, S 1, modified by '05, p. 380; R. C. § 
401; '90-91, p. 57, * 48, reenacted '99, p. 33, § 39; 401; repealed '13, c. 92, § 21, p. 380. 

CHAPTER 30. 

BALLOTS AND SUPPLIES. 

§ 402. Official election stamp. The board of county commissioners 
shall, at their regular meeting in July next preceding a regular election, 
make provision for an official election stamp (which must bear the date 
and year of the election at which it is used, and the words "official bal- 
lot"), of such character or device, and of such material, as said board 
may select, and such official stamp must be changed at each general elec- 
tion and kept secret by the officers furnishing and using it, as provided 
by law, and no one else must know of its form or make until used accord- 
ing to law. It is also the duty of the county commissioners, at their 
regular session in July next preceding a general election, to authorize the 
county auditor to provide a suitable number of election tickets for the 
county, said tickets to be printed under the same regulations as other 
county printing. The tickets must be bound in book form, each book 
containing 100 tickets and printed in the manner prescribed by law. 

Hist. R. C. § 402 ; '90-91, p. 57, § 53, reenacted 
'99, p. 33, § 44. 

§ 403. Ballot boxes. The county commissioners must provide, at 
the expense of the county, suitable ballot boxes, with lock and key, and 
an opening in the lid sufficient to admit a single folded ballot, and no 
larger, and similar boxes for the use of the distributing clerks, in which 
they shall deposit defaced, mutilated and returned ballots. The keys must 
be delivered to one of the judges designated by the board. 

Hist. R. C. § 403; '90-91, p. 57, § 54, reenacted 
'99, p. 33, § 45. 

§ 404. Official ballots to be provided. Except as in this title other- 
wise provided, it shall be the duty of the county auditor of each county 
to provide printed ballots for every election for public officers in which 
electors, or any of the electors, within the county, participate, and cause 
to be printed in the ballot the name of every candidate whose name has 
been certified to or filed with the county auditor in the manner provided 

134 



BALLOTS AND SUPPLIES C. 30 § 405 

for in this title. Ballots, other than those printed by the respective 
county auditors according to the provisions of this title, shall not be cast 
or counted in any election. Nothing- in this title contained shall prevent 
any voter from writing on his ticket the name of any person for whom 
he desires to vote for an office, and such vote shall be counted the same 
as if printed upon the ballot and marked by the voter. The voter may 
place a cross (X) opposite the name he has written, but his having writ- 
ten the name of his choice is sufficient evidence that such is the person 
for whom he desires to vote. Elections for school district officers are 
excepted from the provisions of this section. In all municipal elections 
the duties specified in this section as devolving on the county auditor shall 
devolve on the municipal clerk. 

Hist. R. C. § 404; '90-91, p. 57, §§ 55, 56, re- . Duties of Auditor: A county auditor In prepar- 
enacted '99, p. 33, §§ 46, 47. > n K official ballots acts ministerially only, and must 

Cross ref. Secret ballot guaranteed: Const. >'!f"L "J?" f J?\ **}}£* l" *£* ^^ c P. ,umn u the 

VI, 1. Name written on ballot without cross to i™ 8 ,,/ ^ifiS ? ^ £• whos , e T . nominations have 

}* Vnnntprf ■ 88 40^ a 9 a q 00 r» A r '11 19 ™ been duly cer "ned to him. Miller v. Davenport 

be counted. §§ 405, 424. See O. A. G. 11-12, pp. (1902) 8 j 593> 7Q p 61Q . Ful , er y c (1 

40 ' 4Z - IS I. 558, 110 P. 1035. 

§ 405. Form and contents of ballots. All election ballots prepared 
under the provisions of this title for the election of candidates for office 
shall be white in color and of good quality of printing paper, and the 
names shall be printed thereon in black ink. 

Every ballot shall contain thereon the names of every candidate whose 
nomination for any office specified on the ballot has been certified or filed 
according to the provisions of this title, but no name shall appear thereon 
more than once. 

The ballot shall be of sufficient size to contain the names of all the 
candidates and questions to be voted on, exclusive of the stub or counter- 
foil. The width of the stub or counterfoil shall be 2 inches and of the 
same length as the ballot. Each stub shall be consecutively numbered, 
beginning with number 1, the ballot and stub being connected by a per- 
forated line. 

The ballot shall be arranged in two parallel columns, and in the years 
in which a presidential election is held the names of the candidates for 
presidential electors and the names of the candidates for state offices, in- 
cluding United States senator arid representatives in congress, shall be 
printed in the first column of said ballot. The names of the candidates 
for presidential electors of each political party shall be arranged in a 
group. The names shall be arranged in each group in the order in which 
they appear on the certificates of their nomination. The groups shall be 
arranged in the alphabetical order of the surnames of the candidates for 
president and the names of the candidates in each group shall be printed 
upon the ballot in one column. The surnames of the candidates of each 
political party for the offices of president and vice president, with the 
political designation thereof at the right of the surnames, shall be placed 
in one line above the group of candidates of such party for electors. A 
sufficient square in which each voter may designate by a cross (X) his 
choice for electors shall be left at the right of the political designation of 
the candidates for president and vice president, and no other space or 
margin in which to vote shall be left in any such group of candidates. 
Immediately following the groups of candidates for presidential electors 
and in the same column of the ballot, but starting at the top of the column 
in years in which no presidential election is held, shall be printed the 
names of the candidates for state offices, including the offices of United 
States senator and representatives in congress. The names of candidates 
for the offices of United States senator and representatives in congress 
shall be printed immediately following the groups of candidates for presi- 

135 



C. 30 § 405 ELECTIONS 

dential electors in years in which presidential elections are held, and 
shall be followed by the names of candidates for justice of the supreme 
court. In the second column of the ballot shall be printed the names of 
the candidates for judge of the district court, county and precinct offices 
and any special questions which are to be submitted to a vote of the people 
at a general election. The two columns of the ballot shall be separated 
by a space of not less than three-eighths of an inch and not more than 
three-fourths of an inch, and in the center of such space shall be printed 
a heavy black line. 

To the name of each candidate for a state or county office, except can- 
didates for justice of the supreme court and judge of the district court, 
shall be added his party or political designation. No greater number of 
candidates for any office bearing the same political designation shall be 
placed upon the official ballot than are to be elected. 

If a candidate shall receive the nomination of more than one party or 
more than one political designation for the same office, he may, at any 
time, not less than 35 days prior to the date of the general election, by a 
writing delivered to the secretary of state, if the nomination is for a 
state office, or to the county auditor, if the nomination is for a county 
office, direct in what order the several political designations shall be 
added to his name upon the official ballot, and such directions shall be 
followed by said officer. If, during the said time, the said candidate shall 
neglect to direct in writing as aforesaid, then said officer shall add said 
political designations to the name of said candidate in such order as said 
officer shall see fit. 

The names of candidates for every office, except the names of can- 
didates for presidential electors, shall be arranged under the designation 
of the office in alphabetical order according to the surnames. Immedi- 
ately preceding the list of candidates for each office shall be printed a 
word or words indicating the office for which said persons are candi- 
dates. Blank spaces shall be left at the end of the list of candidates 
for each different office, equal to the number to be elected thereto, in 
which the voter may insert the names of persons not printed on the ballot 
for whom he desires to vote. 

Ballots shall be so printed as to give to each voter an opportunity to 
designate by a cross (X) in a square at the right of the name and desig- 
nation of each candidate his choice of candidates, but nowhere upon the 
ballot shall any place be provided for voting for all of the candidates of any 
one political party by a single cross (X) or voting what is known as a 
straight ticket. The names of all candidates shall be printed in black 
ink in lines at right angles with the length of the ballot. The names of 
all candidates other than candidates for presidential electors and for 
president and vice president shall be in capital letters not less than one- 
eighth of an inch nor more than one-fourth of an inch in height. The 
other names and the political designations of the candidates for presi- 
dent and vice president shall be in capital letters not less than three- 
sixteenths of an inch in height. On the ballot in aid to the voter may 
be placed such words or explanations as "vote for one," "vote for three," 
"yes," "no" and the like. Immediately preceding the names of the can- 
didates for president and vice president and the names of the candidates 
for presidential electors shall be printed the following instructions to 
the voter: "To vote for electors of one party, mark a cross (X) in the 
square at the right of the party name." Immediately preceding the can- 
didates for state offices and at the top of the second column on the ballot 
shall be printed the following instructions to the voter: "To vote for a 

136 



BALLOTS AND SUPPLIES C. 30 § 105 

person other than a candidate for supreme or district judge, mark a 
cross (X) in the square at the right of the party name or political desig- 
nation." Immediately preceding the names of the candidates for justice 
of the supreme court or judge of the district court shall be printed the 
following instructions to the voter: "Mark a cross (X) in the square 
at the right of the name of the person for whom you wish to vote." 

When constitutional amendments or other questions are to be sub- 
mitted to a vote of the people at any general election the question or 
questions to be voted on shall be printed immediately following the names 
of the candidates for county and precinct offices, and immediately pre- 
ceding said questions on the ballot shall be printed a word or words in- 
dicating the nature of the questions to be voted on, as "constitutional 
amendments," and the following instructions to the voter: "To vote on 
the following, mark a cross (X) in the square at the right of yes or no." 
Immediately to the right of the questions to be voted on shall be printed 
the words: "Yes and no" in letters not less than three-sixteenths of an 
inch in height, and to the right of each word a square shall be printed 
on the ballot in which the voter may indicate his preference. The face of 
the ballot and the stub must be in substantially the following form : 



137 



To vote for electors of one party, mark a 
cross (X) in the square at the right of the 
party name. 



ELECTORS OF PRESIDENT AND 

VICE-PRESIDENT. 

(Vote Once) 



BROWN AND JONES— Socialist 



JAMES SMITH 



RICHARD ROE 



THOMAS HAND 



FRANK LAW 



CRAIG AND SMITH— Republican 



GEORGE FOSTER 



ALBERT BARNES 



HENRY HESS 



JOHN YOUNG 



TAYLOR AND BLACK— Democratic 



GEORGE SMITH 



FRED JOHNSON 



HARRY SNYDER 



BENJAMIN BRUCE 



Voters inserting names must marks a cross 
(X) opposite each one. 



To vote for a person other than a candidate 
for Supreme or District Judge, mark a cross 
(X) in the square at the right of the party 
name or political designation. 



U. S. SENATOR 
(Vote for One) 



JAMES BROWN— Democratic 



WILLIAM GREEN— Socialist 



FRANK SMITH— Republican 



JUSTICE OF THE SUPREME COURT 
(Vote for One) 



Mark a cross (X) in the square at the right 
of the name of the person for whom you wish 
to vote. 



JOHN BARNES 



THOMAS GREEN 



GOVERNOR 
(Vote for One) 



JOHN B. LEWIS— Socialist 



FRANK SHAW— Democratic 



WILLIAM WALLACE— Republican 



To vote for a person other than a candidate 
for Supreme Judge, mark a cross (X) in the 
square at the right of the party name or po- 
litical designation. 



JUDGE OF THE DISTRICT COURT. 

(Vote for ....) 

Mark a cross (X) in the square at the right 
of the name of the person for whom you wish 
to vote. 



JOHN DEWALT 



WILLIAM PITNEY 



STATE SENATOR 
(Vote for One) 



JOHN BARTON— Republican 



WILLIAM BURNS— Socialist 



FRANK PORTER— Democratic 



PROBATE JUDGE 
(Vote for One) 



GEORGE EVANS— Democratic 



THOMAS KING— Socialist 



GEORGE TYLER— Republican 



SHERIFF 
(Vote for One) 



HENRY BARNES— Republican 



FRANK CLARK— Democratic 



CHARLES MOORE— Socialist 



ASSESSOR 
(Vote for One) 



WILLIAM ALLEN— Socialist 



HENRY BAKER— Republican 



GEORGE STONE— Democratic 



PROSECUTING ATTORNEY 
(Vote for One) 



JAMES BROWN— Republican 



WILLIAM GREEN— Socialist 



FRANK MASON— Democratic 



CONSTITUTIONAL AMENDMENTS 
To vote on the following, mark a cross (X) 
in the square at the right of Yes or No. 



Shall the Constitution of the State 
of Idaho be amended, etc. 



YES 



No 



BALLOTS AND SUPPLIES 



c. 30 § 407 



Hist. '17, c. 93, § 1, p. 318; *90-91, p. 57, § 57, 
reenacted '99, p. 33, § 48 ; '03, p. 354, § 1 ; '05, p. 
311, § 1; R. C. §405; '13, c. 100, p. 416. 

Cross ref. Names may be written on ticket or 
blank spaces of ballot: §§ 404, 424. See O. A. G. 
'J 1-12, pp. 40, 42. 

Cited: (Con. op.) Green v. S. Bd. Canvassers 
(1896) 5 I. 130, 47 P. 259 ; Williams v. Lewis (1898) 
6 I. 184, 54, P. 619, 98 A. S. R. 888, 11] A. S. R. 
942. 

Constitutional Amendments: While the prepara- 
tion of the ballot is clearly provided for by this sec- 



tion no provision is made for the determination of 
what is a single constitutional amendment. McBee 
v. Brady (1909) 15 I. 761, 100 P. 77. 

County seat removal elections: This section does 
not apply to the ballots to be used in county seat 
removal elections. Whitla v. Quarles (1908) 15 I 
604, 98 P. 631. 

Numbering stub: This section provides for num- 
bering the stub but the ballot should not be num- 
bered. McGrane v. Nez Perce Co. (1910) 18 I 714, 
112 P. 312, Ann. Cas. 1912A, 165, 32 L. R. A (N 
S.) 730. 



§ 406. Submission of special questions. Whenever the secretary of 
state has duly certified to the county auditor any question to be submitted 
to a vote of the people the county auditor shall have said question printed 
upon the regular official ballot in the same manner as prescribed in the 
preceding section for the printing of questions submitting constitutional 
amendments to a vote of the people. The county auditor shall also cause 
to be printed upon the regular official ballot any question required by law 
to be submitted to the vote of the electors of any locality and not to the 
state generally at any general election: Provided, however, That in all 
questions submitted to the voters of a municipal corporation alone it shall 
be the duty of the municipal clerk to provide the necessary tickets : Pro- 
vided further, In case any question is to be submitted to the voters of 
any county or any locality at a time when no general election is to be 
held the county auditor shall prepare ballots to be printed and furnished 
for each precinct where said questions are to be voted upon, and said bal- 
lots shall be prepared as follows : 

The ballots shall be 7 inches wide and shall be attached to stub or 
counterfoil 2 inches wide by a perforated line. Said ballots shall be white 
in color and at the top of the ballots shall be words indicating the nature 
of the proposition to be voted upon, as "county division" or "school bond 
issue," as the case may be. Below these words and 1 inch from the 
upper margin on each ballot a line shall be printed reaching the full width 
thereof. From a point 1 inch from the right end of this line a perpen- 
dicular line shall be printed reaching to the lower margin of the ballot. 
In the space to the left of this perpendicular line shall be printed the ques- 
tion to be submitted to the vote of the electors, as now required by law. 
In the space to the right of this perpendicular line two circles, each one- 
half inch in diameter, shall be printed, one above the other, with the word 
"yes" to the left of the upper circle and the word "no" to the left of the 
lower circle. The voter may place a cross (X) within one of these circles, 
and thereby he votes. Should two or more questions be submitted to a 
vote on the same ballot they shall be separated from each other by a printed 
line running the full width of the ballot, and immediately below said 
printed line shall be the word or words indicating the nature of the ques- 
tion to be voted on, as "county division" or "school bond issue," as the 
case may be, and two circles, as provided above, shall be printed in the 
space to the right of each question. Such special ballots shall be of suf- 
ficient length to contain all questions submitted, printed in long primer 
type. The stubs or counterfoil shall contain the name of the county, the 
date of the election and shall be numbered consecutively from one upward 
for each separate precinct in which said questions are voted upon. 

Hist. *17, c. 93, § 2, p. 321; '90-91, p. 57, § 58, 
reenacted '99, p. 33, § 49 ; R. C. § 406. 

§ 407. Same: Errors and omissions. Whenever it shall appear by 
affidavit that an error or omission has occurred in the publication of the 
names or descriptions of the candidates nominated for office, or in the 
printing of the tickets, the probate court of the county may, upon appli- 

130 



c. 30 § 408 



ELECTIONS 



cation of any elector, by order, require the county auditor or municipal 
clerk to correct such error, or to show cause why such error should not be 
corrected. 

Hist. R. C. § 407 ; '90-91, p. 57, § 59, reenacted date for a county office neglects to have a defect in 



'99, p. 33, § 50. 

Cited: McGrane v. Nez Perce Co. (1910) 18 I 
714, 112 P. 312, Ann. Cas. 1912A 165, 32 L. R. A. 
(N. S.) 730. 

Defective ballots: Correction: Where a candi- 



the official ballot corrected as provided for in this 
section, he cannot, after the election is had and he 
finds himself defeated, raise the objection that the 
name of the successful candidate was improperly 
placed on the official ballot. Baker v. Scott (1895) 
4 I. 596, 43 P. 76. 



To hold that the numbering of ballots by the elec- 
tion officers has the effect of rendering an election 
void, would place it within the power of the officers 
to disfranchise the entire electorate. lb. 

Use of stickers: I doubt that our court would 
countenance the use of stickers on election ballots 
to vote for a person whose name is not printed on 
the ticket, as such a use has been decided a mutila- 
tion of the ballot in other states. O. A. G. '11-12, 
P 54. 

Ballots upon which stickers have been affixed by 
the voters or names written in are not mutilated 
ballots and should be counted in all respects save 
for the candidate whose name appears on the sticker. 
O. A. G. '13-14, p. 30. 



§ 408. Only official ballots counted. No ballot must be used or 
counted at any election except the legal ballot printed by the county 
auditor, or, in the case of municipal elections, by the clerk of the municipal- 
ity, and distributed according to law by the distributing clerk within the 
polling place. And no ticket must be distributed by the distributing clerk, 
or permitted to be used by the election officers, which has any mark or 
thing on the back or outside thereof whereby it might be distinguished 
from any other ballot legally used on the same day. No ballot or ticket 
printed in imitation of the legal ticket furnished by the county auditor, 
or, in the case of municipal elections, by the clerk of the municipality, 
according to law, shall be circulated on the day of election, or brought 
into the polling place, and no elector shall be permitted to vote any other 
ballot than the one he received from the distributing clerk. 

Hist. R. C § 408 ; '90-91, p. 57, § 60, reenacted 
'99, p. 33, § 51. 

Cited. Huffaker v. Edgington (1917) 30 I. 179, 
163 P. 793. 

Cross ref . Use of stickers in case of vacancy : 
S 392. 

Penalty does not apply to electors: The prohibi- 
tion contained in this section against election offi- 
cers furnishing the electors with ballots containing 
distinguishing marks is directed against the officers, 
but the statute nowhere prescribes that the penalty 
for violating this duty or a failure to faithfully dis- 
charge it shall be visited upon the electors or avoid 
the election. McGrane v. Nez Perce Co. (1910) 18 
1 714, 112 P. 312, Ann. Cas. 1912A 165, 32 L. R. A. 
(N. S.) 730. 

§ 409. Folding of ballots. Every ballot used at any general election 
must, before it is handed to the voter, be folded by the distributing clerk 
along the line separating the two columns on said ballot and stamped on 
the outside with the official election stamp. After the ballot has been 
marked by the voter, it shall be folded in the same manner so as to con- 
ceal its contents and to expose the impression of the official election stamp 
on the back. 

Hist. '17, c. 93, § 3, p. 322 ; R. C § 409. 

§ 410. Distribution of ballots. It shall be the duty of the county 
auditor of the county (or the municipal clerk in the case of municipal elec- 
tions) to furnish and cause to be delivered to the judges of election of 
each election precinct within the county (or within the municipality, in 
the case of municipal elections), in which an election is to be held, at the 
polling place of the precinct before the opening of the polls, the proper 
number of tickets required by this title : Provided, That not less than 60 
tickets shall be furnished for each 50 electors registered in each precinct 
in the county (and in the case of municipal elections, each precinct in the 
municipality). 

Hist. '13, c. 95, p. 384 ; '90-91, p. 57, § 62, re- 
enacted '99, p. 33, § 53; R. C § 410. 

§411. Record of number of ballots. The county auditor of each 
county shall keep a record of the number of tickets printed and furnished 
to each polling place and preserve the same for one year. 

Hist. R. C. § 411 ; '90-91, p. 57, § 63, reenacted 
'99, p. 33, § 54. 



140 



CONDUCT OF ELECTION C. 31 § 415 

§ 412. Delivery of and receipt for supplies. The required number 
of tickets, together with the official stamp and ink pad for the purpose of 
stamping or designating the official tickets, as hereinbefore provided, shall 
be delivered to the judges of election in sealed packages, with marks on 
the outside clearly designating the polling place for which they are in- 
tended, upon receipt of which at least a majority of the judges of election 
must return receipts therefor to the county auditor in case of county elec- 
tions, and to the clerk of the municipality in case of municipal elections, 
and the several auditors and clerks shall preserve the receipts for one year. 

Hist. R. C. § 412; '90-91, p. 57, § 64, reenacted 
"99, p. 33, § 55. 

§ 413. Instruction cards and sample ballots. The county auditor of 
each county in case of a general election, and the several city clerks in 
case of city elections, shall prepare full instructions for the guidance of 
voters at such elections, as to obtaining tickets, as to the manner of mark- 
ing them, and as to obtaining new tickets in place of those accidentally 
spoiled, and they shall respectively cause the same, together with copies 
of sections 6370, 6371 and 6372, of the title relating to crimes against 
the elective franchise, to be printed in large, clear type, on separate cards, 
to be called cards of instruction. The county auditor of each county, and 
the several city clerks in case of a municipal election, shall furnish four 
such cards to the judges of election in each election precinct, and one 
additional card for each 50 registered electors or fractional part thereof, 
at the same time and in the same manner as the printed tickets. The 
judges of election shall post not less than one of such cards in each place 
or compartment provided for the preparation of tickets, and not less than 
three of such cards elsewhere in and about the polling places, upon the 
day of election. The county auditor of each county, and the several city 
clerks in case of a municipal election, shall cause to be printed on tinted 
or colored paper, without official indorsement of any kind, and furnish to 
the judges of election of each election precinct, at the same time and in 
the same manner as the official tickets and official stamps, six sample or 
specimen tickets and one additional sample ticket for each 50 registered 
electors or fractional part thereof in the precinct. The sample tickets 
shall be printed like the official or regular tickets, and of the same size 
without the stub. There shall be posted in each of the compartments or 
booths, one of the sample tickets without the official stamp, and not less 
than four such tickets shall be posted elsewhere in and about the polling 
places on the day of election. It shall be the duty of the same officers, at 
the same time and in the same manner, to provide and furnish to each 
polling place proper and necessary supplies and conveniences for marking 
the tickets. 

Hist. R. C. § 413; '90-91, p. 57, § 65, reenacted 
'99, p. 33, § 56. 

CHAPTER 31. 

CONDUCT OF ELECTION. 

§ 414. Election officers to take oath. Before opening the polls, all 
officers of election must take and subscribe an oath to faithfully perform 
the duties imposed upon them by law. Any elector of the township may 
administer and certify such oath. 

Hist. R. C. § 414; '90-91, p. 57, § 67, reenacted 
'99, p. 33, g 58. 

§ 415. Opening and closing of polls. At all elections to be held 
under this title, the polls must be opened at the hour of 8 o'clock in the 
forenoon, if the regularly appointed judges of election and distributing 

141 



C. 31 § 416 ELECTIONS 

clerk are present; but in case they are not present, then the polls must 
not be opened by the judges or distributing clerk elected until the hour of 
9 o'clock, unless a majority of the regularly appointed judges are present, 
and the polls must continue open until 7 o'clock in the evening of the 
same day, at which time the polls must be closed; and upon opening the 
polls, one of the clerks, under the direction of the judges, must make 
proclamation of the same ; and 30 minutes before closing the polls, procla- 
mation must be made in like manner, and the polls closed in half an hour 
thereafter. 

Hist. R. C. S 415; '90-91, p. 57, S 68, reenacted 
'99, p. 33, S 59. 

§ 416. Changing polling place. Whenever it shall become impos- 
sible or inconvenient to hold an election at the place designated therefor, 
the judges of election, after having assembled as near as practicable to 
such place, and before receiving any vote, may adjourn to the nearest 
convenient place for holding the election, and at such adjourned place 
forthwith proceed with the election. 

Hist. R. C. S -116; '90-91, p. 57, g 69, reenacted 

'99, p. 33, g 60. 

§ 417. Same: Proclamation and notice. Upon adjourning any 
election, as provided in the preceding section, the judges shall cause procla- 
mation thereof to be made, and shall post a notice upon the place where 
the adjournment was made from, notifying electors of the change of 
polling place. 

Hist. R. C. S 417; '90-91, p. 57, § 70, reenacted 
'99, p. 33, § 61. 

§ 418. Opening ballot boxes. Before receiving any ballots the 
judge must, in the presence of any persons assembled at the polling place, 
open and exhibit, close and lock, the ballot boxes, and thereafter they must 
not be removed from the polling place until all the ballots are counted, 
nor must they be opened until after the polls are finally closed, and then 
in the presence of the bystanders : Provided, That in precincts having two 
sets of election officers and duplicate ballot boxes, as provided for in sec- 
tions 443 to 447, inclusive, of this title, said ballot boxes may be opened 
during the election for the purpose of counting the ballots as in said sec- 
tions provided. 

Hist. R. C. § 418; '90-91, p. 57, § 73, reenacted 
'99, p. 33, S 61, modified by '99, p. 372 (R. C. SS 

; 13-147). 

§ 419. Opening supplies. The judges of election, on the opening of 
the polls, must break the sealed packages of election tickets, official stamp 
and other supplies, in the presence of bystanders. 

Hist. R. C. § 419 ; '90-91, p. 57, § 74, reenacted 
"99. p. 33, S 65. 

§ 420. Judges may administer oaths. Either judge may administer 
and certify any oath required to be administered during the progress of 
an election, and either judge may challenge a voter of whose qualifications 
to vote he is in doubt, but in such case one of the remaining judges must 
administer the oath. 

Hist. R. C. § 420; '90-91, p. 57, S 75, reenacted 
"99, p. 33, § 66. 

§ 421. Duties of constable. The constable of the precinct shall be 
in attendance at the polling place on the day of election, and, where there 
is no constable, the judges of election may appoint some capable person 
to act as such during the election, and he shall have the power to make 
arrests for disturbance of the peace, as provided by law for such officers, 
and he shall allow no one within the guard rail of the polling place except 

142 



CONDUCT OF ELECTION C. 31 § 424 

those who go to vote, and shall allow but one elector in a compartment at 
one time. 

Hist. R. C. § 421 ; '90-91, p. 57, § 85, reenacted 
99, p. 33, § 76. 

§ 422. Voting to continue during election. Voting may commence 
as soon as the polls are opened, and may be continued during all the time 
the polls remain open. 

Hist. R. C. § 422; '90-91, p. 57, § 81, reenacted 
'99, p. 33, § 72. 

§ 423. Delivery of ticket to elector. An elector desiring to vote 
shall give his name and, if requested to do so, his residence, to one of the 
clerks of election, who shall thereupon announce the same in a loud and 
distinct tone of voice, clear and audible, and if such name is found on 
the check list by the election officer having charge thereof, he shall like- 
wise repeat the said name, and the voter shall be allowed to enter the 
space enclosed by the guard rail as hereinbefore provided. The distribut- 
ing clerk shall give him one, and only one, ticket, and his name shall be 
immediately checked on said list by placing a mark on the registry list 
to denote that he has received a ticket, and the ticket must be stamped 
on the back and near the top of the ticket with the official stamp by the 
distributing clerk, and thereupon delivered to the elector. Besides the 
election officers, not more than one voter, in excess of the voting shelves 
or compartments provided, shall be allowed in said enclosed space at one 
time. 

Hist. R. C. § 423; '90-91, p. 57, § 77, reenacted 
'99, p. 33, § 68. 

§ 424. Manner of voting. On receipt of his ticket the voter shall 
forthwith and without leaving the enclosed space retire alone to one of 
the voting shelves or compartments so provided and shall prepare his 
ticket by marking in the appropriate margin or placing a cross (X) oppo- 
site the name of the candidate of his choice for each office to be filled, or 
by filling in or writing the name of the person for whom he wishes to 
vote in the blank space provided therefor under each office to be filled and 
following the names of the regularly nominated candidates and marking a 
cross (X) opposite such names. In voting for presidential electors he 
shall mark a cross (X) opposite the political designation of the candidates 
for president and vice president for whom he wishes to vote or by writing 
in the names of persons for presidential electors in the blank spaces pro- 
vided therefor and marking a cross (X) opposite such names. In case 
of a question submitted to the vote of the people and appearing on the 
regular ballot, he shall mark in the appropriate margin or square a cross 
(X) against the answer which he desires to give. In case of questions 
submitted to voters of particular localities at special elections, he shall 
vote by marking in the appropriate margin or circle the cross (X) against 
the answer which he desires to give. Before leaving the voting shelf or 
compartment the voter shall fold his ticket without displaying the marks 
thereon so as to expose the impression of the official stamp on the back and 
he shall keep the same so folded until he has voted. In case of the ballot 
voted at a regular general election, he shall fold the same in the same man- 
ner in which it is folded by the distributing clerk before being given to the 
voter. After marking his ballot the voter shall hand it to one of the judges 
and announce his name. He shall mark his ticket or ballot without delay 
and shall quit said enclosed space as soon as he has voted. 

No such voter shall be allowed to occupy a voting shelf or compart- 
ment already occupied by another, nor to remain within said enclosed 
space more than ten minutes, nor to occupy a voting shelf or compartment 
more than five minutes in case all of such shelves or compartments are 

143 



C. 31 § 425 ELECTIONS 

in use and other voters are waiting to occupy the same. No voter, not 
an election officer, whose name has been checked on the list of the election 
officers, shall be allowed to reenter said enclosed space during" said elec- 
tion. It shall be the duty of the judges for the time being to secure the 
observance of the provisions of this section : Provided, That if any regis- 
tered elector, who is blind or otherwise disqualified by reason of physical 
infirmities rendering such voter incapable of personally marking his bal- 
lot, desires to vote, then and in that case any two of the judges not of the 
same political party may, at the request of such elector, mark and pre- 
pare his ballot for him, placing an (X) mark in the proper place and oppo- 
site the names of the candidates for whom such elector desires to vote. 
When the ballot so marked by the judges is properly prepared and folded 
it shall be given to the elector, who shall deliver it to the proper judge to 
be deposited in the ballot box, as in other cases. The judges assisting any 
such physically incapacitated elector in the preparation of his ballot must 
not influence or attempt to influence such voter in the selection of candi- 
dates to be voted for, and any judge who has assisted any such elector who 
shall divulge to any person the name of any candidate for whom such 
elector voted shall be guilty of a misdemeanor. 

Hift. '17, c. 93, S 4, p. 323; '90-91, p. 57, § 78; Cross ref. As to manner of voting: See also § 

'95, p. 91, § 4, reenacted *99, p. 33, S 69, modified by 405. 

'05, p. 311, § 1 (R. C. § 405) ; R. C. § 424. Name written on ballot without cross to be count- 

ed: $S 404, 405. See O. A. G. '11-12, p. 42. 

§ 425. Spoiled ballots. No person shall take or remove any ticket 
from the polling place before the close of the polls. If an elector inad- 
vertently or by mistake spoils a ticket, he shall return it folded to the 
distributing clerk, who must, if satisfied of such inadvertence, give him 
another ticket. The ticket thus returned shall, without examination, be 
immediately canceled by writing across the back, or outside of the ticket 
as folded, the words "spoiled ticket, another issued," and deposit the de- 
faced ticket in a box provided for that purpose. And no one shall be 
allowed within the guard rails of the polling place, except the election 
officers duly appointed, together with the number of voters, as provided 
in this chapter. 

Hist. R. C. § 425; '90-91, p. 57, § 79. reenacted Cross ref. Number of voters allowed inside the 

'99, p. 33, § 70. rails: $ 423. 

§ 426. Deposit of ballots in box. The judge to whom any ballot may 
be delivered shall, upon the receipt thereof, pronounce in an audible voice 
the name of the elector, and if no objection shall be made to him, and the 
judges are satisfied that he is a legal voter, and is duly registered, and 
the official stamp is plainly visible on the outside of the folded ballot, he 
shall, without opening or examining, immediately deposit the ballot in 
the ballot box, and the clerks of the election shall enter the name of the 
elector in the poll books. 

Hist. R. C. S 426; '90-91, p. 57, § 82, reenacted 
'99, p. 33, S 73. 

§ 426a. Same: Unstamped ballots. No judge of election shall de- 
posit in any ballot box any ballot upon which the official stamp, as herein- 
before provided for, does not appear. Every person violating the pro- 
visions of this section shall be guilty of a misdemeanor. 

Hist. R. C. S 426a; '90-91, p. 57, § 83, reenacted 
'99, p. 33, S 74. 

§ 427. Officers not to divulge information. No officer, judge or clerk 
shall communicate, except for some purpose authorized by law, before the 
polls are closed, any information as to the name or number on the registry 
list of any elector who has not applied for a ticket, or who has not voted 
at the polling place; and no officer, judge or clerk, or other person whom- 
soever, shall interfere with, or attempt to interfere with, a voter when 

144 



CONDUCT OF ELECTION c . 31 § 431 

marking his ticket. No officer, judge or clerk, or other person shall di- 
rectly or indirectly, attempt to induce any voter to display his ticket after 
he shall have marked the same, or to make known to any person the name 
of any candidate for or against whom he may have voted. 

Hist. R. C. § 427 ; '90-91, p. 57, § 84, reenacted 
'99, p. 33, § 75. 

§ 428. Challenging voters. In case any person offering to vote is 
challenged, one of the judges must declare the qualifications of an elector 
to such person; if the person so challenged then declares himself duly 
qualified, and the challenge is not withdrawn, one of the judges must then 
tender him the elector's oath as provided by law. 

Hist. '13. c. 92, S 19. p. 379; '90-91, p. 57, § 86, 
reenacted '99, p. 33, S 77 ; R. C. § 428. 
Cross ref. Elector's oath : S 396. 

§ 428a. Same: Special qualifications. At any election where spe- 
cial qualifications are prescribed by law where a voter offers himself to 
vote and is challenged, he shall be advised by the election judge of such 
special qualification, and if he still desires to vote, and the challenge be 
not withdrawn, he shall be required to take and subscribe the following 
oath: 

"State of Idaho, } 
County of . J ss - 

I, - — - -— , being duly sworn, on my oath depose and say that I 

possess the qualifications required and prescribed by section 357, Revised 
Codes of Idaho, and in addition thereto that I possess the following quali- 
fications: (here insert special qualifications.) 



Subscribed and sworn to before me this... day of , 19 

Election Judge." 

Hist. '13, c. 92, § 12, p. 376. This section does 
rot appear to be affected by the repealing clause in 
'17, c. 44, $ 10, p. 103. 

§ 429. Same: Challenge for want of citizenship. If the person be 
challenged as unqualified, on the ground that he is not a citizen, and will 
not exhibit his papers pertaining to his naturalization, the judges, or one 
of them, shall put the following questions : 

1. Are you a citizen of the United States? 

2. Are you a native or naturalized citizen? 

3. Have you become a citizen of the United States by reason of the 
naturalization of your parents or one of them? 

4. Where were your parents, or one of them, naturalized ? 

If the person offering to vote claims to be a naturalized citizen of the 
United States, he shall state, under oath, when and in what court he was 
naturalized. 

Hist. R. C. S 429 ; '90-91, p. 57, § 87, reenacted 
' ( ..9, p. 33, S 78. 

§ 430. Same: For conviction of felony. If the challenge is on the 
ground that the person challenged has been convicted of felony and has 
not been pardoned, he must not be questioned ; but the fact may be proved 
by the production of an authenticated copy of the record, or by the oral 
testimony of two witnesses and the nonproduction of a pardon. 

Hist. R. C. § 430; '90-91, p. 57, § 88, reenacted 
'99, p. 33, § 79. 

§431. Same: For want of residence: For nonage. If the per- 
son be challenged as unqualified on the ground that he has not resided in 
this state for six months immediately preceding the election, the judges, 
or one of them, shall put the following questions : 

145 



C. 31 § 432 ELECTIONS 

1. Have you resided in this state for six months immediately preced- 
ing this election, and during that time have you retained a home or 
domicile elsewhere? 

2. Have you been absent from this state within the six months imme- 
diately preceding this election? 

3. If so, when you left, was it for a temporary purpose, with the 
design of returning or did you intend remaining away? 

4. Did you, while absent, look upon and regard this state as your 
home? 

5. Did you, while absent, vote in any state or territory? 

If the person be challenged on the ground that he has not resided in 
the county 30 days, one of the judges shall question him as to his residence 
in the county, precinct or ward in a manner similar to the before men- 
tioned method of questioning a person as to his residence in this state. 

If the person be challenged as unqualified on the ground that he is not 
21 years of age, the judges, or one of them, shall put the folowing ques- 
tion: Are you 21 years of age, to the best of your knowledge and belief? 
The judges of election, or one of them, shall put all such other questions 
to the person challenged under the respective heads aforesaid, as may be 
necessary to test his qualifications as an elector at that election. 

Hist. R. C. § 431 ; '90-91, p. 57, § 90, reenacted 
'99, p. 33, § 81. 

§ 432. Same: Residence: How determined. The judges of elec- 
tion, in determining the residence of a person offering to vote, shall be 
governed by the following rules, so far as they may be applicable : 

1. That place shall be held and considered to be the residence of a 
person in which his habitation is fixed, and to which, whenever he is 
absent, he has the intention of returning. 

2. A person shall not be considered or held to have lost his residence 
who shall leave his home and go into another state, territory or county of 
this state, for temporary purpose merely, with an intention of returning. 

3. If a person remove to any other state or to any of the territories, 
with the intention of making it his permanent residence, he shall be con- 
sidered and held to have lost his residence in this state. 

4. If a person remove from one county in this state to any other 
county in the state with the intention of making it his permanent resi- 
dence, he shall be considered and held to have lost his residence in the 
county from which he removed. 

Hist. R. C. § 432; '90-91, p. 57, § 89; '95, p. 91, 
§ 6, reenacted '99, p. 33, § 80. 

§ 433. Oath of challenged person. If the challenge be not with- 
drawn after the person offering to vote shall have answered the questions 
put to him as aforesaid, one of the judges shall tender to him the follow- 
ing oath: "You do solemnly swear (or affirm) that you are a citizen of 
the United States, of the age of 21 years; that you have been a resident 
of this state for six months next immediately preceding this election, and 
have not retained a home or domicile elsewhere; that you have been for 
the last 30 days, and now are, a resident of this county, and that you have 
not voted at this election." 

Hist. R. C. § 433; '90-91, p. 57, § 91; '95, p. 91, 
§ 5, reenacted '99, p. 33, § 82. 

§ 434. Duty of clerks. Whenever any person's vote shall be re- 
ceived after having taken the oath or affirmation prescribed in the pre- 
ceding section, it shall be the duty of the clerks of the election to write 
on the poll books, at the end of the person's name, "sworn." 

Hist. R. C. § 434 ; '90-91, p. 57, § 93, reenacted 
'99, p. 33, § 84. 

146 



ABSENT VOTING 



32:1 



§ 435. Judge's duty to challenge. It shall be the duty of any judge 
of election to challenge any person offering to vote whom he believes not 
to be qualified as an elector. 

Hist. R. C. g 435; '90-91, p. 57, § 94, reenacted 
'99, p. 33, $ 85. 

§ 436. Refusal to take oath. If any person challenged refuses to 
take the oath or affirmation tendered, or refuses to be sworn and to answer 
the questions touching the matter of naturalization, he must not be al- 
lowed to vote : Provided, That after such oath shall have been taken, the 
judges may nevertheless refuse to permit such person to vote if they shall 
be satisfied that he is not a legal voter. 

Hist. R. C. § 436; '90-91, p. 57, §§ 92, 95, re- Cited: Olympia M. & M. Co. v. Kerns (1913) 24 

enacted '99, p. 33, §§ 83, 86. I. 481, 135 P. 255, 59 L. ed. 542 dis., 35 SCR 

415, 236 U. S. 211, Ann. Cas. 1917C 1021. 

§ 437. Disposal of stubs and defaced tickets. As soon as the polls 
are finally closed the distributing clerk must deliver to the judges of elec- 
tion the book or books of tickets from which tickets have been taken during 
the election, and the box containing the defaced, mutilated or returned 
ballots. 

Hist. R. C. 8 437; '90-91, p. 57, 8 96, reenacted 
'99, p. 33, S 87. 

§ 438. Form of poll lists. The following is the form of poll lists to 
be kept by the judges and clerks of election : 

Poll Lists. 

Of the election held in the precinct of , in the county of... .., on 

the day of , in the year A. D. one thousand nine hundred and 

A. B., C. D. and E. F., judges, and G. H., I. J. and K. L., clerks, 

of said election, were respectively sworn (or affirmed), as the law directs, 
previous to their entering on the duties of their respective offices. 

Number and Names of Electors Voting. 



No. 


Name 


No. 


Name 


1 
2 


A. B. 
C. D. 


3 
4 


E. F. 
G. H. 



We hereby certify that the number of electors voting at this election 
amounts to 

Attest : 
G. H.,) A.B.,) 

I. J.,) C. D.,) Judges of Election. 

K. L.,) E. F.,) 

Hist. R. C. § 438; '90-91, p. 57, § 80, reenacted Poll lists: These poll lists are distinct from the 

"99 p 33 S 71 check lists prepared hy the registrar under $ 396. 

See O. A. G. '13-14, p. 31. 

CHAPTER 32. 
ABSENT VOTING. 

Note: The Oklahoma statute ('16, c. 25, p. 51) provided for voting in another county hy 
voter absent from own county; Virginia statute ('16, c. 369, p. 633) for ahsent voters, only when 
required by regular business, to vote by registered mail ; and Montana statute ('15, c. 1 10, p. 2 1 1 ) 
contains provisions in general similar to the Idaho law. 

32:1. Absent voting authorized. Any qualified elector of the state 
of Idaho who is absent or expects to be absent from the election precinct 
in which he resides on the day of holding any election under any of the 

147 



32 :2 ELECTIONS 

laws of this state^in which an official ballot is required; and if registration 
is required for such election, who is duly registered therefor, may vote at 
any such election, as hereinafter provided. 

Hist. '17, c. 142, § 1, p. 453. 

32:2. Appplication for ballot. Any such absent elector may make 
application to the county auditor, the city clerk or other proper officer 
charged by law with the duty of issuing official ballots for such election, 
on a blank to be furnished by such issuing officer, for an official ballot or 
ballots of the kind or kinds to be voted on at such election, which applica- 
tion shall be made not more than 15 days nor less than one day preceding 
such election, and shall be duly signed and sworn to by such elector before 
an officer authorized to administer oaths and shall be in substantially the 
following form: 

"Application for Ballot to Be Voted at the Election, , 19 

State of ) I 

r SS. 

County of... ) 

I, , do solemnly swear that I am a duly qualified and 

registered elector of the state of Idaho and of ..county, at 

in the election precinct. I expect to be absent from said election 

precinct on the date of said election. I hereby apply for an official ballot 
or ballots to be voted by myself at such election. 

Signed, 

Subscribed and sworn to before me this.. ....day of. , 19. 



(Official Title)." 

Provided, That if for a primary election ballot, such application shall 
designate the applicant's political affiliation. 

The blanks in said statement shall be filled by the issuing officer to the 
extent necessary to identify the election at which said ballot or ballots are 
proposed to be cast. The issuing officer shall keep as a part of the records 
of his office a list of all applications so received and of the manner and 
time of delivery of ballots thereon. 

Hist. '17, c. 142, § 2, p. 454. 

32 :3. Issuance of ballot. The officer receiving such application shall 
forthwith deliver to said applicant elector personally or shall mail to him 
by registered mail, postage prepaid, an official ballot or ballots, one of each 
kind thereof, to be voted on by the electorate at such election. 

Hist. '17, c. 142, § 3, p. 454. 

32:4. Folding of ballot; inclosure. Such officer shall fold said bal- 
lot or ballots as specified in the law controlling in said election and inclose 
same in an official envelope, unsealed, to be furnished by him, which en- 
velope shall bear on its face the name, official title and postoffice address 
of such officer, and on the other side a printed statement substantially as 
follows : 

"I am a duly qualified and registered elector of the state of Idaho, 

county, election precinct. My personal attendance in 

said election precinct on , 19 , the date of the.. ....election 

in said precinct, is prevented. 

Dated , 19 

Signed, 

Provided, That if the ballot or ballots inclosed are for a primary elec- 
tion, the statement must designate the elector's political affiliation. 

The blanks in said statement shall be filled by such issuing officer to 
the extent necessary to identify the election at which said ballot or ballots 

14-8 



ABSENT VOTING 32 :8 

are proposed to be cast. There shall also be printed upon the back of said 
official envelope a copy of sections 5 and 13 of this chapter. 

Hist. '17, c. 142, § A, p. 455. 

32:5. Return of ballot. On marking such ballot or ballots such 
absent elector shall refold same as theretofore folded and shall enclose 
the same in said official envelope and seal said envelope securely and mail 
by registered mail or deliver it in person to the officer who issued same 
at least one day before the date of such election. Said ballot or ballots 
shall be so marked, folded and sealed by said voter in private and secretly. 

Hist. '17, c. 142, § 5, p. 455. 

32:6. Transmission of ballot to polls. On receipt of such absent 
elector's ballot or ballots said officer receiving same shall forthwith inclose 
same, unopened, together with the application upon which such ballot or 
ballots were issued, in a carrier envelope indorsed with the name and 
official title of such officer and the words: "Absent voter's ballot, to be 
opened only at the polls on election day while said polls are open." He 
shall hold the same until the delivery of the official ballots to the judges 
of election of the precinct in which said elector resides and shall deliver 
said ballot or ballots to said judges with such official ballots, or in case 
said ballot or ballots are received by such officer after the delivery of the 
official ballots to such judges he shall forthwith, upon its receipt, inclose 
it in a carrier envelope, as heretofore prescribed, addressed to the judges 
of such election precinct in their official capacity and mail the same, postage 
prepaid, to such judges of election or deliver or send the same by agent 
to such judges without, however, incurring any expense for such delivery 
to the county or municipality, as the case may be. 

Hist. '17, c. 142, § 6, p. 455. 

32:7. Deposit of ballot. Between the opening and closing of the 
polls on such election day the judges of election of such precinct shall open 
the carrier envelope only, announce the absent voter's name and compare 
the signature upon the application with the signature of the ballot en- 
velope, and in case they find such signatures to correspond and the appli- 
cant to be a duly qualified elector of the precinct and that he has not 
theretofore voted at said election they shall open the ballot envelope and 
remove the ballot or ballots without destroying the indorsements on the 
envelope, nor unfolding nor permitting the ballot or ballots to be unfolded, 
and having indorsed the ballot or ballots as other ballots are required to 
be indorsed shall deposit the same in the proper ballot box and cause the 
absent voter's name to be entered on the poll books the same as though 
he had been present and voted in person. 

Hist. '17, c. 142, § 7, p. 456. 

32:8. Rejection of defective ballots. The judges shall reject such 
ballot or ballots as do not conform to the foregoing requirements, or in 
case the ballot envelope has been theretofore opened or contains more than 
one ballot of any one kind, and rejected ballots shall each be indorsed as 
"rejected," with the reasons therefor and fastened to the ballot envelope 
and application accompanying same. All rejected ballots shall be inclosed 
and securely sealed in an envelope upon which the judges shall indorse 
"defective absentee ballots" with the name of the precinct and the date 
of election at which they were rejected, signed by said judges, and shall 
return to the same officer and in the same manner as by law provided for 
the return and preservation of spoiled or mutilated ballots. All applica- 
tions and ballot envelopes shall be returned by the judges to the officer to 
whom the returns of the election are made. 

Hist. '17, c. 142, § 8, p. 456. 

149 



32:9 ELECTIONS 

32:9. Challenging absentee's vote. The vote of any absent voter 
may be challenged for cause as though he were present and the judges of 
election shall have all the powers and authority given by law to hear and 
determine the legality of such absentee vote or ballot. 

Hist. '17, c. 142, § 9, p. 456. 

32:10. Effect of intervening death of absent voter. Whenever proof 
of the death of any such absent voter, occurring prior to the opening of the 
polls for such election, shall be furnished to the judges at said election 
before the ballot of such voter is voted such ballot shall be returned with 
unused ballots to the officer to whom unused ballots are returned, but the 
casting of such ballot shall not invalidate the election. 

Hist. '17, c. 142, $ 10, p. 457. 

32:11. Double voting prohibited. No elector whose absentee ballot 
shall have been voted at any election shall vote in person at such election 
and no absentee ballot of such voter shall be voted if said elector shall have 
theretofore voted at said election in person. 

Hist. '17, c. 142, § 11, p. 457. 

32:12. General election laws applicable. All the provisions of the 
election laws in force in this state at the time of any such election and 
not inconsistent with this chapter relative to the furnishing of ballots and 
ballot boxes, the canvassing and the making of return of the election and 
governing the election so held shall apply with full force and effect to all 
cases of voting created by virtue hereof. 

Hist. '17, c. 142, § 12, p. 457. 

32:13. Penal provisions. Any person who knowingly shall make 
falsely the affidavit hereinbefore provided shall be guilty of perjury and, 
upon conviction thereof, shall be punished in the manner provided by law 
for such offense. Any person who falsely personates another in making 
said application or statement in this chapter provided shall be guilty of a 
misdemeanor and, upon conviction thereof, shall be punished by imprison- 
ment in the county jail not exceeding 90 days, or by a fine not exceeding 
$500. If any person who, having procured an official ballot or ballots 
as heretofore provided, shall neglect or refuse to return same to the 
issuing officer within the time and in the manner in this chapter provided 
or shall wilfully violate any provision of this chapter, he shall be guilty 
of a misdemeanor and shall be punished by imprisonment in the county 
jail not exceeding 90 days or by a fine not exceeding $500. Official 
neglect or malfeasance by any of the officers named in this chapter in the 
performance of their duties created by virtue of the provisions hereof is 
governed by the provisions of section 6354. 

Hist. '17, c. 142, § 13, p. 457. 

32:14. Interpretation of chapter. This chapter shall be deemed to 
provide a method of voting in addition to the method provided by other 
statutes and to such extent as amendatory of such other statutes relating 
to the manner and method of voting. 

Hist. '17, c. 142, § 14, p. 457. 

CHAPTER 33. 
CANVASS OF RETURNS. 

ARTICLE 1. 
CANVASS BY JUDGES. 

§ 439. Canvass of votes. When the polls are finally closed the 
judges of election must immediately proceed to canvass the votes given at 
such election. The canvass must be public, in the presence of bystanders, 

150 



CANVASS OF RETURNS C. 33 § 422 

and must be continued without adjournment until completed and the result 
thereof declared. 

Hist. R, C. § 439; '90-91, p. 57, § 97, reenacted 
'99, p. 33, § 88. 

§ 440. Comparison of poll lists, ballots and stubs: Void ballots. 

The canvass must commence by comparison of the poll lists from the com- 
mencement, and a correction of any mistake that may be found therein, 
until they are found to agree. The box must then be opened, and the 
ballots found therein counted by the judges, unopened, and the number 
of ballots in the box must agree with the number marked on the poll list 
or registry list as having received a ticket, and this number, together with 
the number of defaced, mutilated and returned ballots, must agree with 
the number of stubs or counterfoils in the books from which the tickets 
have been taken. 

Any ballot or part of a ballot from which it is impossible to determine 
the elector's choice, shall be void and shall not be counted : Provided, That 
when a ballot is sufficiently plain to gather therefrom a part of the voter's 
intention, it shall be the duty of the judges to count such part. 

Hist. R. C. § 440; '90-91, p. 57, § 98, reenacted 
'99, p. 33, § 89. 

Cross ref. Only official ballots counted: § 408. 

§ 441. Count: Certificate by judges and clerks. The ballots and 
poll lists agreeing, the board must then proceed to count and ascertain 
the number of votes cast, and the clerks must set down in their poll books 
the name of every person voted for, and then at full length the office for 
which such person received such votes, and the number he did receive, 
the number being expressed at full length ; such entry to be made, as nearly 
as circumstances will permit, in the following form, to wit : 

At an election held at the house of (A. B.) in the town (district or 

precinct) of , in the county of.— ..., and in the state of Idaho, on 

the day of , A. D. . , the following named persons received 

the number of votes annexed to their respective names for the following 

described offices, to wit: (A. B.) has votes for member of congress; 

(I. J.) has votes for member of state senate; (K. L.) has. votes for 

member of house of representatives, (and in like manner for any other 
person voted for). Certified by us, 

Attest : 
S. T.,) M. N.,) 

U. V.,) Clerks of election. O. P., ) Judges of election. 

W.Y.,) Q.R., ) 

Hist. R. C. § 441 ; '90-91, p. 57, § 99, reenacted 
'99, p. 33, § 90. 

§ 422. Transmission of supplies to county commissioners: Custody. 

After the canvass of the votes the judges of election must enclose and 
seal one of the poll lists ; also all stubs and unused ticket books, elector's 
oaths, defaced or mutilated ballots, and the election stamp, under cover, 
directed to the clerk of the board of county commissioners of the county 
in which such election was held. The packages thus sealed must be de- 
livered direct to the said clerk personally, or transmitted by special mes- 
senger without expense to the county, or deposited in the nearest post 
office, by one of the judges to be chosen by lot, and the postage thereon 
and the fees for registering the same must be fully prepaid, and said 
package must be duly registered and receipt therefor taken. The second 
poll list, together with the ballots, must be, by said judges, placed in the 
ballot box, and by them sealed up and then deposited with one of said 
judges, to be decided by lot if they cannot otherwise agree; and the said 

151 



C. 33 § 443 ELECTIONS 

poll list and ballots must be kept with the seal unbroken for at least eight 
months, unless the same is required as evidence in a court of law in any 
case arising under the election laws of this state, and then only when the 
judge having said ballot box in charge is served with a subpoena requiring 
him to produce the same in court as evidence in any such before mentioned 
case, when the same may be opened under the direction of the court. l 

Hist. '13, c. 92, § 20, p. 379; '90-91, p. 57, § 100, When applicable: This section applies when the 

reenacted '99, p. 33, § 91 ; '01, p. 291, § 1 ; R. C. § returns are properly made and are not returned to 

442. References to "clerk of the district court," the judges for correction. Where returns have been 

"'freeholder's oaths" and "third poll list" omitted to rejected the judges may, under § 448, open the ballot 

conform to system of registration provided '17, c. box for the purpose of correcting the returns. Davies 

44, p. 90. v. Comrs. Nez Perce Co. (1914) 26 I. 450, 143 P. 

945. 

§ 443. Appointment of two sets of officers. In every precinct 
where, at the general election then next preceding, there were more than 
100 votes cast for the office of governor, the board of county commission- 
ers of the county wherein the same is situated, shall, at the time provided 
for the appointment of election officers, appoint two sets of such officers, 
and in making such appointment shall designate which set shall act under 
the provisions of this and the following sections of this article. And such 
board shall also make suitable provision for the carrying of these sections 
into effect. 

Hist. R. C. § 443; '99, p. 372, § 1. Primary elections: In precincts where two sets 

Two sets of officers: Two full sets of officers are of officers work during general election, the same 

contemplated, and the judges appointed in these number should be appointed for the primary elec- 

precincts may choose two clerks in every instance. tion. O. A. G. 11-1.., p. 48. 
O. A. G. '11-12, p. 48. 

§ 444. Duplicate ballot boxes. When, at any election in any pre- 
cinct to which these sections apply, 5 votes shall have been cast, another 
ballot box for receiving ballots shall be used, and the first ballot box shall 
be closed and delivered to such judges designated, as provided in the pre- 
ceding section, who shall proceed to the place provided for them, and shall 
at once count the votes in said ballot box; and when counted, they shall 
return said emptied ballot box to the judges receiving the ballots and 
otherwise conducting the election, and the latter shall then deliver to the 
judges who were designated to count the ballots, the second ballot box, 
and such judges shall immediately count the ballots therein contained as 
above provided; and they shall continue so to count the ballots and so 
to exchange the ballot boxes till the close of the polls, after which time 
both sets of judges shall, acting separately, count the remaining ballots, 
dividing the same between them. 

Hist. '13, c. 24, p. 94 ; '99, p. 372, § 2 ; R. C. § 

444. 

§ 445. Counting of ballots: Witnesses: Concealment of results. 

The board of county commissioners of the several counties must provide 
two sets of ballot boxes for all precincts where these sections apply, and 
shall provide a suitable and convenient place or room immediately ad- 
joining the place where the election is being held, for the use of the elec- 
tion officers counting the ballots during the day. Such counting may be 
witnessed by one representative from each of the political parties repre- 
sented upon the official ballot, which representative shall be designated in 
writing by the chairman and secretary of the respective county central 
committees, or in case of a city election by the city central committe, and 
who shall each take and subscribe an oath before one of the judges of elec- 
tion that he will not, prior to the closing of the polls, communicate in any 
manner, directly or indirectly, by word or sign, the progress of the count- 
ing, nor the result so far as ascertained, nor any information whatsoever 
in relation thereto; and such representatives and the judges counting the 
ballots shall be confined to the room or place provided, and shall not leave 
the same during the count except in case of necessity, and then in the 

152 



CANVASS OF RETURNS C. 33 § 448 

custody of the constable of election ; nor shall any such election officers or 
party representatives in any manner, directly or indirectly, by word or 
sign, disclose or communicate the progress of the counting, nor the result 
so far as ascertained, nor any information whatsoever in relation thereto, 
until the polls are closed. 

Any person who shall intentionally ascertain or attempt to ascertain 
the progress or state of the count before* the close of the polls, and any 
officer of election or party representative designated as aforesaid, who 
shall violate any of the provisions of this section, shall be guilty of a 
felony, and shall be punished by a fine not to exceed $1000, or imprison- 
ment in the penitentiary for a period not to exceed one year, or by both 
such fine and imprisonment. 

Hist. R. C. § 445; *99, p. 372, § 4; '01, p. 16, §1. 

§ 446. Judges to join in making return. All the judges of election 
shall join in making the return to the board of county commissioners. 

Hist. R. C. § 446 ; '99, p. 372, § 3. 

§ 447. Application of sections. These sections shall only apply to 
general and direct primary elections, and, except as herein modified, the 
general election laws are in every way applicable to the precincts acting 
under the provisions hereof, and to all the officers of election. 

Hist. R. C. § 447 ; '99, p. 372, §§ 5, 6. "And 
direct primary" inserted on the authority of '09, p. 
196, H. B. 16, § 21 (C. L. 27:21). 

ARTICLE 2. 
CANVASS BY COUNTY COMMISSIONERS. 

§ 448. Canvass of returns; abstracts of votes; certificate of elec- 
tion. The board of county commissioners, the auditor acting as clerk, 
in the several counties, must act as a board of canvassers of elections, 
and must, on the tenth day after any general or special election, or sooner, 
if all the returns be received, and any two of the commissioners are pres- 
ent, proceed publicly, at their office, to open the returns and canvass the 
votes of said election, and make up abstracts thereof; and it is their duty 
to canvass and make up abstracts of all returns that are intelligible on 
their face and which are sufficiently authenticated to show what returns 
they are; and if any returns are rejected on account of informality, am- 
biguity or uncertainty — and none must be rejected for other causes — then 
it is the duty of the board to deliver the returns so rejected to the sheriff 
of the county, who must proceed at once to summon and call together the 
board of judges of election of the precinct from which said returns were 
received, and inform them that such return has been rejected; and it is 
the duty of such board of judges to meet publicly at the place where the 
election was held in their precinct, immediately after receiving such no- 
tice, and at once proceed to put said return in due form and certify to 
the same; and for the purpose of so doing they may have the ballot box 
brought in and opened in their presence and the contents thereof in- 
spected, and when said returns have been duly corrected they must be 
delivered into the hands of the sheriff, and the board of canvassers may 
adjourn, to await the correction of said returns, for the period of not 
more than five days at one time, nor more than 10 days in all. When 
said canvass is completed the abstracts must be made up and signed by 
the board. The abstracts shall be made out in the following manner : 

The abstract of votes for electors for president and vice president of 
the United States shall be on one sheet, and the abstract of votes for 
United States senator and representative in congress shall be on another 
sheet, and the abstract of votes for officers of the executive department 
shall be on another sheet, and the abstract of votes for senators shall be 

153 



c. 33 § 449 



ELECTIONS 



on another sheet, and the abstract of votes for representatives shall be 
on another sheet, and the abstract of votes for judges of the supreme 
court shall be on another sheet, and the abstract of votes for judges of 
the district court shall be on another sheet, and the abstract of votes for 
county and precinct officers shall be on another sheet; and it shall be the 
duty of the auditor of the county immediately to make out a certificate 
of election to each of the persons having the highest number of votes for 
county and precinct officers, respectively, and cause such certificate to be 
delivered to the person entitled to it If any two or more persons have 
an equal number of votes for the same county or precinct office, and a 
higher number than any other person, the county commissioners shall 
immediately determine by lot which of the two candidates shall be 
elected. 



Hist. R. C. § 448 ; '90-91, p. 57, § 101, reenacted 
'09, p. 33, § 92. "United States senator" inserted 
on authority of '13, c. 114, p. 433. 

Cited: Roberts v. Kartzke (1910) 18 I. 552, 111 
P. 1. 

Correction of returns: Under this section the 
judges of election have authority, when their re- 
turns have been rejected, to reopen the ballot boxes 
for the correction of the same. Davies v. Comrs. of 
Nez Perce Co. (1914) 26 I. 450, 143 P. 945. 



Duty of canvassers: The board of commissioners, 
acting as a board of canvassers, has no authority 
to declare any person elected to an office, but must 
make out the abstracts of votes for each office sepa- 
rately, and deliver them to the auditor whose duty 
it is, as auditor and not as clerk of the board, to 
make out a certificate of election to each of the 
persons having the highest number of votes. Cun- 
ningham v. George (1892) 3 I. 45(5, 31 P. 809, Ann. 
Cas. 19 16 A 711. 



§ 449. Disposition of abstracts of votes. The auditor of the county, 
immediately after making out abstracts of votes given in his county, shall 
make a copy of such abstracts and deliver or transmit the same in a regis- 
tered package by mail to the office of the secretary of state; the original 
abstracts he shall file and record in a book in his office to be kept for that 
purpose. He shall also certify to the abstracts and copies, and affix thereto 
the county seal, and the said auditor shall indorse on the back of each 
abstract: "Certified copy of the abstract of votes cast for governor, etc., 
members of the legislature, etc., (as the case may be) cast at the regular 
election in county, , 19 " 

Hist. R. C. § 449; "90-91, p. 57, § 102, reenacted 
'90, p. 33, § 93. 

ARTICLE 3. 
STATE BOARD OF CANVASSERS. 

§ 450. Constitution of board. The governor, secretary of state, 
state auditor, state treasurer and attorney general, or any three of them, 
shall constitute the state board of canvassers, and shall canvass the ab- 
stracts of votes cast in the different counties of the state for electors of 
president and vice president of the United States, for United States sen- 
ator and representatives in congress, for judges of the supreme court and 
district courts, and for senators and representatives and all state officers. 

Hist. R. C. § 450; '90-91, p. 57, § 103, reenacted 
'99, p. 33, § 94. "United States senator" inserted 
en authority of '13, c. 114, p. 433; "representative" 
changed to plural. 

§ 451. Delay in remitting abstracts. If from any county no such 
abstract of votes shall have been received within 20 days next after elec- 
tion by the secretary of state, he shall dispatch a special messenger to 
obtain a copy of the same from the county auditor of such county, and 
such county auditor shall immediately, on demand of such messenger, 
make out and deliver to him the copy required, which copy of the abstract 
of votes the messenger shall deliver to the secretary of state without 
delay. The said messenger shall receive as compensation for his services 
$3 per day and 15 cents for each mile traveled in going to and returning 
from the county seat of said county, by the usual route, to be paid by the 
county. 

Hist. R. C. § 451; '90-91, p. 57, § 104, reenacted 
'99, p. 33, § 95. 

154 



Cited: Olympia M. & M. Co. v. Kerns (1913) 24 
I. 481, 135 P. 255; dis. 236 U. S. 211, 59 L. ed. 542, 
35 S. C. R. 415; Ann. Cas. 1917C 1021. 



CANVASS OF RETURNS C. 33 § 456 

§ 452. Meeting of board. For the purpose of canvassing the result 
of elections, the state board of canvassers shall meet at the office of the 
secretary of state, at 10 o'clock of the forenoon of the 20th day after 
any election for any of the officers mentioned in section 450 (if it be not 
on Sunday; if it be on Sunday, then they shall meet on the 21st day), 
when they shall, if the returns from all the counties of the state be 
in the possession of the secretary of state, proceed to canvass the votes. 
If the returns are not all in, they shall adjourn from time to time, as they 
deem proper, to await the receipt of all the returns : Provided hoivever, 
That on the second Wednesday of December next after the election, they 
shall canvass the votes, whether all the returns be received or not. 

Hist. R. C. § 452; '90-91, p. 57, § 105, reenacted 
'99, p. 33, § 96. 

§ 453. Duties of board: Statement of result. The state board of 
canvassers, when met in accordance with law and a quorum (three) being 
present, shall proceed to examine and make statement of the whole num- 
ber of votes given at any such election for all the officers mentioned in 
section 450, that shall have been voted for in said election, which state- 
ment will show the names of the persons to whom such votes shall have 
been given for either of the said offices, and the whole number given to 
each, distinguishing the several districts and counties in which they were 
given. They shall certify such statement to be correct, and subscribe their 
names thereto, and they shall thereupon determine what persons have 
been, by the greatest number of votes, duly elected to such offices, or either 
of them, and shall indorse and subscribe on such statement a certificate 
of their determination, and deliver it to the secretary of state. 

Hist. R. C. § 453 ; '90-91, p. 57, § 106, reenacted volve no judicial discretion. Lansdon v. S. Bd. of 

"99, p. 33, § 97. Canvassers (1910) 18 I. 596, 111 P. 133, Ann. Cas. 

Ministerial duties: The duties of the state can- 1913A 703. 

vassing board are adding up the votes received by Constitutional amendments: It is not necessary 

the several candidates, as returned by the several for the state board of canvassers to declare in terms 

county boards, ascertaining the total vote, and de- whether, in their opinion, any amendment to the 

daring and certifying the result. These are purely constitution has been adopted or not. Hays v. Hays 

clerical, ministerial and administrative acts, and in- (1897) 5 I. 154, 47 P. 732, Ann. Cas. 1916B 1005. 

§ 454. Same : In case of tie vote. If any two or more persons have 
an equal and the highest number of votes for member of either house of 
the legislature, for judge of the supreme or district courts, or for any 
state office, other than those mentioned in section 1, of article IV, of the 
constitution, the state canvassers shall proceed to determine, by lot, which 
of the candidates shall be declared elected. Reasonable notice shall be 
given to each candidate of the time when such election will be so deter- 
mined. 

Hist. R. C. S 454; '90-91, p. 57, § 107; '95, p. 90, Cited: Olympia M. & M. Co. v. Kerns (1913) 24 

§ 1, reenacted '99, p. 33, § 98. I. 481, 135 P. 255; dis. 236 U. S. 211, 59 L. ed. 542, 

35 S. C R. 415; Ann. Cas. 1917C 1021. 

§ 455. Record of statement: Certificates of election. The secre- 
tary of state shall record in his office, in a book to be kept by him for that 
purpose, each certified statement and determination as made by the state 
board of canvassers, and shall, without delay, make out and transmit to 
each of the persons thereby declared to be elected a certificate of his 
election, certified by him under his seal of office. 

Hist. R. C § 455; '90-91, p. 57, § 108, reenacted Cross ref. Certificate of election is prima facie 

'99, p. 33, § 99. evidence of right to membership in legislature: S 35. 

ARTICLE 4. 
ERRORS AND MISTAKES IN BALLOTS AND RETURNS. 

§ 456. List of members of legislature. Upon the day fixed by law 
for the assembling of the legislature, the secretary of state shall lay before 
each house a list of the members elected thereto, with the districts they 
represent, in accordance with the returns in his office. 

Hist. R. C § 456 ; '90-91, p. 57, § 109, reenacted 
'99, p. 33, § 100. 

155 



C. 33 § 457 ELECTIONS 

§ 457. Misspelled names on ballots. Whenever the judges of elec- 
tion in any precinct or ward discover in the canvassing of votes that the 
name of any candidate voted for be misspelled, or the initial letters of his 
Christian name or names be transposed or omitted in part, or altogether, 
on the ballot, the vote or votes for such candidate shall be counted for 
him, if the intention of the elector to vote for him be apparent ; and when- 
ever the board of county canvassers, or of state canvassers, shall find that 
the returns from any precinct, ward, county or district (as the case may 
be) do not strictly conform to the requirements of law, in the making, 
certifying and returning of the same, the votes polled in such precinct, 
ward, county or district shall, nevertheless, be canvassed and counted, if 
such returns shall be sufficiently explicit to enable such boards, or any 
person or persons authorized to canvass votes and returns, to determine 
therefrom how many votes were polled for the several persons who were 
candidates and voted for at the election of which the votes are being can- 
vassed. 

Hist. R. C. § 457; '90-91, p. 57, § 116, reenacted Jurisdiction of state board: Under this and the 

'99, p. 33, § 103. next section, the state canvassing board has power 

Ministerial duties of state board: It is not the to f. end the returns from any county back for cor- 
business of the state board to determine whether section ; but whether it does so, or declines to do 
any illegal votes have been cast or not. Their duties so - 19 " ot acting in excess of its jurisdiction to can- 
are purely clerical, ministerial and administrative ™ s |* he / e * urns and d *° 1 *™ th ? result Lansdon v. 
and involve no judicial discretion. Lansdon v. S. f- Bd. of Canvassers (1910) 18 I. 596, 111 P. 133, 
Bd. of Canvassers (1910) 18 I. 596, 111 P. 133, Ann. lo4 - 
C'as. 1913A 703. 

§ 458. Correction of mistakes. If upon proceeding to canvass the 
votes it shall clearly appear to the canvassers that in any statement pro- 
duced to them certain matters are omitted in such statement which should 
have been inserted, or that any mistakes which are clerical merely, exist, 
they shall cause the said statement to be sent by one of their number 
(whom they shall depute for that purpose) to the precinct or ward judges, 
or to the county board of canvassers (as the case may be) from whom they 
were received, to have the same corrected; and the judges of election or 
county auditor (as the case may be), when so demanded, shall make such 
correction as the facts of the case require, but shall not change or alter 
any decision before made by them, but shall only cause their canvass to 
be correctly stated; and the canvassing board may adjourn from day to 
day for the purpose of obtaining and receiving such statement : Provided 
always, That they shall not delay counting past the day provided by law 
for the completion of the canvass. 

Hist. R. C § 458; '90-91, p. 57, § 117, reenacted Cited: Lansdon v. S. Bd. of Canvassers (1910) 

"99, p. 33, § 104. 18 I. 596, 111 P. 133, Ann. Cas. 1913A 703. 

Cross, ref. Day provided for completion of can- 
vass: § 452. 

CHAPTER 34. 

PRESIDENTIAL ELECTORS. 

§ 459. Certificates of election. The secretary of state shall prepare 
lists of the names of the electors of president and vice president of the 
United States, elected at any election, procure thereto the signature of 
the governor, affix the seal of the state to the same, and deliver one of 
such certificates thus signed to each of said electors on or before the second 
Wednesday in December next after such election. 

Hist. R. C § 459 ; '90-91, p. 57, § 110, reenacted 
'99, p. 33, § 101. 

Cited: S. v. Gifford (1912) 22 I. 613, 126 P. 1060. 

§ 460. Election for presidential electors. There shall be an election 
held in this state for the election of such electors, at the times appointed 
by any law of the congress or the constitution of the United States for 

156 



PRESIDENTIAL ELECTORS C. 34 § 465 

such election, and when such election shall be special, the same shall be 
called and held, and the votes polled and canvassed, in all respects as at 
a general election, and the duties of the electors so elected shall be the 
same as prescribed by law for electors elected at a general election. 

Hiet. R. C. § 460; '90-91, p. 57, latter part of Not state officers: Presidential electors are not 

S 115, reenacted '99, p. 33, § 102. state officers: S. v. Gifford (1912) 22 I. 613, 126 

P. 1060. 

§ 461. Meeting of electors. The electors chosen to elect a president 
and vice president of the United States shall, at 12 o'clock noon on the 
day which is or may be directed by the congress of the United States, 
meet at the seat of government of this state, and then and there perform 
the duties enjoined upon them by the constitution and laws of the United 
States. 

Hist. R. C. § 461 ; '90-91, p. 57, § 111, reenacted regular terms of office, but discharge their duties 
'99, p. 66, § 1. at one meeting. S. v. Gifford (1912) 22 I. 613, 

Term of office: Presidential electors have no ^6 P- 1060. 

§ 462. Same: Notice to governor: Vacancies. Each elector of 
president and vice president of the United States shall, before the hour 
of 12 o'clock noon on the day next preceding the day fixed by the law of 
congress to elect a president and vice president, give notice to the governor 
that he is at the seat of government and ready at the proper time to per- 
form the duties of an elector; and the governor shall forthwith deliver 
to the electors present a certificate of all the names of the electors; and 
if any elector named therein fails to appear before 9 o'clock on the morn- 
ing of the day of election of president and vice president as aforesaid, 
the electors then present shall immediately proceed to elect, by ballot, in 
the presence of the governor, persons to fill such vacancies. 

Hist. R. C. § 462; '90-91, p. 57, § 112, reenacted 
'99, p. 66, § 2. 

§ 463. Filling vacancies: Tie vote. If more than the number of 
persons required to fill the vacancies, as aforesaid, have the highest and 
an equal number of votes, then the governor, in the presence of the electors 
attending, shall decide by lot which of said persons shall be elected ; other- 
wise they, to the number required, having the greatest number of votes, 
shall be considered elected to fill such vacancies. 

Hist. R. C. § 463; '90-91, p. 57, § 113, reenacted 
'99, p. 66, § 3. 

§ 464. Notification of election to fill vacancy. Immediately after 
such choice is made the names of the persons so chosen shall forthwith be 
certified to the governor by the electors making such choice ; and the gov- 
ernor shall cause immediate notice to be given in writing to the electors 
chosen to fill such vacancies; and the said persons so chosen shall be 
electors, and shall meet the other electors at the same time and place, and 
then and there discharge all and singular the duties enjoined on them as 
electors aforesaid by the constitution and laws of the United States and 
of this state. 

Hist. R. C. 8 464 ; '90-91, p. 57, § 114, reenacted 
'99, p. 66, S 4. 

§ 465. Compensation of electors. Every elector of this state for 
the election of president and vice president of the United States, hereafter 
elected, who shall attend and give his vote for those offices at the time 
and place appointed by law, shall be entitled to receive the sum of $o per 
day for each day's attendance at such election, and 15 cents per mile lor 
each mile he shall travel in going to and returning from the place where 
the electors shall meet, by the most usual traveled route, to be paid out 
of the general fund, and the state auditor shall audit the amount and 
draw his warrant for the same. 

Hist. R. C. § 465; '90-91, p. 57, § 115, reenacted 
'99, p. 66, § 5 (see R. S. 465). 

157 



c. 35 § 466 



ELECTIONS 



CHAPTER 35. 

REMOVAL OF COUNTY SEATS AND CHANGING COUNTY 

BOUNDARIES. 

§ 466. Time for holding county seat election. All elections for the 
removal of county seats shall be held at the same time and place at which 
general elections are held. 

Hi t. R. C. § 466 ; '90-91, p. 57, § 118, reenacted Cross ref. Question of removal of county seats 

'99, p. 33, § 105. to be presented not more than once in six years: 

Const. XVIII, 2. 

§ 467. Petition for removal. Public notice shall be given of the 
intention to circulate a petition praying for the removal of the county 
seat of any county from its then present location to some other point with- 
in said county, and in said petition designated, at least 10 days before the 
same is circulated, by publication in some newspaper printed in the county 
(if there be one), and by posting three printed notices in three public 
places at the county seat, and a like number at the place to which the 
county seat is proposed to be removed, in which notices the intent of said 
petition shall be set forth ; and all signers to such petition or petitions 
shall be void and stricken from such petition if procured six months be- 
fore the first day of the term of court at which the application is to be 
made; and whenever such petition or petitions, addressed to the district 
court of such county, and stating the time when such election shall be held, 
shall be signed by a number of legal voters of said county, equal in num- 
ber to a majority of all votes cast at the last general election therein, and 
shall be filed in the office of the clerk of the district court of said county, 
not less than 20 nor more than 40 days before the first day of the term 
of said court next preceding the next general election, unless said term 
commences after the first day of October, then, in such case, the next pre- 
ceding term. Such petition shall be deemed a proposal to remove the 
county seat of such county, and the point designated in said petition shall 
be deemed and taken as fixed by said petition, in pursuance of law, when- 
ever the court shall order an election to such point as hereinafter provided, 
as the point to which it is proposed to remove the county seat of such 
county. 

Hist. R. C. § 467; '90-91, p. 57, § 119, reenacted 
'99, p. 33, § 106. 

Qualifications of signers: The signers of the 
petition for the removal of a county seat need not 
be registered voters, but merely persons who are 
oualified to register as voters. Wilson v. Bartlett 
(1900) 7 I. 271, 62 P. 416. 

Same: Determination of Qualifications: When a 
petition is presented to a court for the removal of 
a county seat and all the signers state over their 
signatures that they are qualified electors of such 
county, the petitioners make prima facie case, and 
no further evidence of the qualifications of such 
signers is required unless a contestant appears and 
enters his contest. If specifications in contestant's 
affidavit raise no valid objection to the qualifica- 
tions of any of the signers of the petition, the court 
is justified in finding, without further proof, that 

§ 468. Same: How signed. Each petitioner signing such petition 
shall write, or cause to be written, opposite to his name on said petition, 
the name of the city and ward in which he then resides, if he resides in 
a city; or, if he does not reside in a city, then the name of the precinct in 
which he resides at the time of signing such petition ; and no person shall 
sign such petition unless he shall be, at the time, a legal voter at general 
elections. 

Hist. R. C. § 468; '90-91, p. 57, § 120, reenacted 
'99, p. 33, § 107. 

158 



'" of the signers of said petition are qualified elec- 
tors, lb. 

In this section the legislature has declared what 
evidence makes out a prima facie case in carrying 
out the provision of Const. XVIII, 2, that the pe- 
tition must be that "of a majority of the qualified 
voters of the county." Lippincott v. Carpenter 
(1912) 22 I. 675, 127 P. 557. 

Number of petitions: Several petitions may be 
presented at one time, and the court should consider 
all, and determine which, if any, contains a ma- 
jority of the qualified electors of the county. Lip- 
pincott v. Carpenter (1912) 22 I. 675, 127 P. 557. 

Withdrawing names: Names may be withdrawn 
from the petition at any time prior to its submis- 
sion to the court. Lippincott v. Carpenter (1912) 
22 I. 675, 127 P. 557. 



REMOVAL OF COUNTY SEATS C. 35 § 473 

§ 469. Petition open to inspection. Said petition or petitions shall, 
after they are filed in the office of the clerk of the district court of the 
county be open to the inspection of any and all citizens of the county, but 
shall not be removed therefrom. 

Hist. R. C. § 469 ; '90-91, p. 57, § 121, reenacted 
'99, p. 33. § 108. 

§ 470. Contesting right to sign petition. Any citizen and legal voter 
at general elections in said county may contest the right of any person 
whose name is subscribed to said petition, to sign such petition under this 
chapter, and shall have the right to contest said petition as to any names 
subscribed thereto that he shall have good reason to believe are fictitious : 
Provided, He shall, 10 days before the first day of the term of said court, 
file in the office of the clerk of the district court of such county, a list of 
the names of the persons whose right to sign said petition he is desirous 
of contesting, together with his affidavit indorsed thereon, that he has 
good reason to believe, and does verily believe, that such persons named in 
said list are not legal voters of such county and had no right in law to 
sign such petition; and shall also file in the office of said clerk, 10 days 
before said term of said court, a list of such names as he has reason to 
believe are fictitious, together with his affidavit, that he has good reason 
to believe, and does verily believe, that such names are fictitious; and 
such persons shall have the right to contest such petitions only as to the 
names included in said lists. 

Hist. R. C. § 470 ; '90-91, p. 57, § 122, reenacted reduce the number of names on the petition to less 

'99, p. 33, § 109 than the number required by law ; if it does not, 

Affidavit of contest: The affidavit of a contestant }he trial court ought to deny the contest and strike 

must show that the list of names that he desires * h * ^^V/To v* I\a^ " V ' Bartlett 

tc contest, if stricken from the petition, would U»«WJ ' *■ *'l. *>* **■ 4ib. 

§ 471. Same: Procedure in case of contest. It shall be the duty 
of said court, on the first day of and during said term of court, to hear all 
evidence for and against said petition or petitions as to the lists of names 
filed in said court under this chapter, and to strike from such petition or 
petitions all names proven by competent evidence to be fictitious, and the 
names of persons having no legal right to sign the same under this chap- 
ter. In case there shall be no contest, or if the court finds, after striking 
from said petition or petitions all names proven to be fictitious, and all 
names not legally signed thereto, that it still contains the number of names 
of legal voters required by this chapter, the court shall order said election 
according to the prayer of said petition. In case of a contest to said 
petition or petitions, it shall be the duty of the clerk of said court, on 
request of the persons contesting any petition under the provisions of this 
chapter, to issue subpoenas for such witnesses as said persons shall name; 
and it shall be the duty of said clerk, on request of any legal voter of the 
county for the purpose of sustaining any petition, in like manner to issue 
subpoenas for such witnesses as he shall name. Said subpoenas to be made 
returnable to the term of court at which such contest will be made. 

Hist. R. C. g 471 ; '90-91, p. 57, $ 123, reenacted 
"99, p. 33, § 110. 

§ 472. Same : Contests have precedence. All cases of contest 
arising upon said petitions or affidavits shall have precedence over all 
other cases at said term of said court, and shall be heard and determined 
at said term, and the decision of the court shall be final. 

Hi«t R C ■ § 472- '90-91 p 57, § 124, reenacted ccurt shall be final," it was intended to indicate 

'c,o n "aa I 11 i that such decision was in harmony with § 4807 R. 

'"' ; ' , „. ... AaA S., and appealable. Wilson v. Hartlett (1900) 7 

Right of appeal: This section was not intended f 96 q ao p 415 

to take away the right of appeal in proceedings of • - * 
this kind, and by the language, "the decision of the 

§ 473. Voting for removal of county seat. The voting for the re- 
moval of any county seat shall be by ballot, and each ballot shall have 

159 



C. 35 § 474 ELECTIONS 

printed or written thereon the words stated in section 479. Such ballot 
shall be smaller than the general election ballots, and shall be officially 
stamped, and there shall be printed or written thereon the words "county 
seat ballot," and any elector who is registered, as in this title provided, 
and who, in addition to being qualified to vote for county officers, has re- 
sided in the county six months and in the precinct 90 days, shall be per- 
mitted to vote for or against the removal of the county seat, by handing 
to one of the judges of election a county seat ballot, at the same time an- 
nouncing that he is entitled to vote on the question of the removal of the 
county seat. If the judges of election are of the opinion that the said 
elector is entitled to vote on the question of the removal of the county 
seat, his ballot shall then be deposited in the ballot box, and the clerks of 
election shall write opposite his name in brackets the words "county seat" 
or "county division/' as the case may be. 

Hist. R. C. § 473; '90-91, p. 57, § 125, reenacted Cross ref. Qualifications of voters at county seat 

'99, p. 33, § 112. elections: Const. XVIII, 2. 

§ 474. Same: Challenging voters. Any person who offers to vote 
on the question of the removal of the county seat may be challenged by 
any person and for any of the reasons allowed for other challenges, and 
the rules provided for other challenges shall apply to such challenges. 

Hist. R. C. § 474 ; '90-91, p. 57, § 126, reenacted 
'99, p. 33, § 113. 

§ 475. Canvass of returns. The returns for county seat elections 
shall be canvassed by the same officers and in the same manner as the 
returns for county and precinct officers are canvassed, and the result of 
the vote for the removal of the county seat shall be officially declared by 
the county board of canvassers in the following manner : 

They shall record the total votes cast in each ward or precinct both for 
and against the proposed removal, upon the book provided for recording 
the results of the general election. This record shall be made upon a sepa- 
rate page, or pages, of said book, and after the record is complete and 
the total result known, they shall make a complete copy of such record, 
certified to by each member of the board. They shall deposit this certifi- 
cate with the county auditor, who shall, without delay, file the same with 
the clerk of the district court which authorized the election, and the auditor 
shall also cause a copy of the certificate to be published in some newspaper 
of general circulation in the county. 

Hist. R. C § 475; '90-91, p. 57. § 127, reenacted 
'99, p. 33, § 114. 

§ 476. Same: Result of vote. When the attempt has been made to re- 
move the county seat of any county, as in this chapter provided, and the 
county board of canvassers have found and declared that two-thirds of 
the voters of the county who have voted for or against such removal have 
voted in favor of such removal, then said county seat of said county is 
thereby removed to the point named in the petition. 

Hist. R. C. § 476; '90-91, p. 57, § 128, reenacted Cross ref. Two-thirds affirmative vote required: 

'99, p. 33, § 115. Const. XVIII, 2. 

§ 477. Changing county boundaries. Whenever the legislature has 
enacted that a part of any county be stricken off from any county, and 
annexed to an adjoining county, the provisions of the constitution being 
complied with, the qualified electors who have resided 90 days next pre- 
ceding the first general election after the passage of this chapter within 
the boundary lines of the territory stricken off and annexed, shall be per- 
mitted to vote at said general election, for or against said annexation. 
If a majority of said electors voting at said election vote in favor of 
annexation, said territory is then stricken off and annexed, as provided 

ieo 



SPECIAL ELECTIONS C. 36 § 482 

in this chapter: Provided, That all the requirements of the constitution 
have been complied with. 

Hist. R. C. § 477; '90-91, p. 57, § 129, reenacted Cross ref. Constitutional requirements: XVIII 

'99, p. 33, § 116. &S 3, 4. 

§ 478. Conduct of election. The rules and regulations for voting 
at county seat elections, as provided in this chapter, so far as they apply 
to ballots, voting, challenging, canvassing the returns and declaring the 
result, shall apply to elections for the striking off of any part of any 
county and annexing the same to any adjoining county. 

Hist. R. C § 478; '90-91, p. 57, § 130. reenacted 
'99, p. 33, § 117. 

§ 479. Form of ballot. It shall be the duty of the auditor of the 
county wherein it is proposed to hold an election for the removal of the 
county seat, or changing county lines, to cause to be printed separate bal- 
lots at the same time and in the same manner as ballots for the general 
election are printed. 

Such separate ballots shall be three inches square, or as near this size 
as practicable, and on one side there shall be printed the following words : 

For removal of the county) No. 

seat to ) Yes. 

For changing county lines) No. 

) Yes. 
(As the case may be.) 

And the auditor shall send an equal number of these special ballots, 
with the ballots furnished for the general election, to each voting precinct 
of the county and at the same time. 

Hist. R. C S 479; '90-91, p. 57, § 131, reenacted Not affected by general election statute: This 

'99, p. 33, § 118. statute is still in force and effect in reference to 

Cited: Lippincott v. Carpenter (1912) 22 I. 675, } h f s j ze » form and manner of preparation of bal- 

!9~ p rr7 lots for county seat removals. Whitla v. Quarles 

J ' (1908) 15 I. 604, 98 P. 631. 

CHAPTER 36. 

SPECIAL ELECTIONS. 

§ 480. Conduct of special elections. Special elections shall be con- 
ducted and the results thereof canvassed and certified in all respects, as 
near as practicable, in like manner as general elections, except as other- 
wise provided; but special elections shall not be held, unless when re- 
quired by public good, and in no case within 90 days next preceding a 
general election. 

Hist. R. C § 480; '90-91, p. 57, § 16, reenacted the legislature: § 325. In office of representative 
'99 p. 33, S 157. in congress: S 326. County bond elections: SS 

1 Q fi R 1 Q 7 9 
Cross ref. Special elections to fill vacancies in - , °°" 13 '*• 

§ 481. Meeting of canvassing board. In all cases where special 
elections are to be held to fill vacancies in offices, the board of canvassers 
shall meet at 12 o'clock noon on the third day after such election, to can- 
vass the votes cast at such election, and the county auditor, within four 
days after any special election for a member of the legislature, or repre- 
sentative in congress, shall transmit to the secretary of state an abstract 
of the votes cast at said election, if there be more than one county in the 
district. 

Hist. R. C § 481 ; '90-91, p. 57, § 178, reenacted 
'99, p. 33, § 158. 

§482. Same: Time of meeting. Within 10 days after said elec- 
tion in the case last mentioned, the board of state canvassers shall meet 
and canvass the votes cast to fill such vacancy, and if the returns have 
not been received from all the counties composing said district, they may 

161 

Pol -6 



C. 36 § 483 ELECTIONS 



adjourn to such day as they deem necessary, not exceeding five days, for 
the purpose of receiving said returns. 

Hist. R. C. § 482 ; '90-91, p. 57, § 179, reenacted 
99, p. 33, § 159. 

§ 483. General election law applicable. The provisions relating to 
general elections shall govern special elections, except where otherwise 
provided for. 

Hist. R. C. § 483; '90-91, p. 57, § 177, reenacted Cited: Gillesby v. Comrs. of Canyon Co. (1910) 

'99, p. 33, § 160. 17 I. 586, 107 P. 71, Ann. Cas. 1913B 17, 23, 24, 

1916D 62. 

§ 484. Notice of special election. Whenever a special election is 
ordered by the board of commissioners, notice must be issued and posted 
in the same manner as for a general election. 

Hist. R. C § 484; '90-91, p. 57, § 24, reneacted 
'99, p. 33, § 161. 



162 



a 



TITLE V. STATE MILITIA. 

CHAPTER 37. 
NATIONAL GUARD OF IDAHO. 

Note: This law is based upon '11, c. 72, p. 202, which was a complete military code and ex- 
pressly repealed '09, p. 342, S. B. 75, also a complete military code, but containing only a general 
repealing clause. Certain sections of the Revised Codes, being reenactments of '07, p. 195, H. B. 
204, not being inconsistent with either the '09 or '11 act are apparently still in force, namely, 
the latter part of R. C. § 695, §§ 739-742 inclusive, §S 746 and 749. These sections are there- 
fore retained in this codification. (See the following sections of this chapter, 26, 64 to 67 in- 
clusive, 20 and 21, respectively.) Acts prior to '07 are as follows: '90-91, p. 217, reenacted '99, 
p. 156 ; '03, p. 57 ; '05, p. 10. 

The present law is not entirely in harmony with the detailed provisions of the national defense 
act, act of congress June 3, 1916, but 37 :7 permits the state militia to be organized to conform to 
the requirements of the federal government. 

The commissioner acknowledges his indebtedness to Major E. G. Davis, a member of the bar 
of this state, and author of the '11 act, now serving in the office of the judge advocate general, 
for a detailed opinion as to what sections of the former law are in force or superseded. 

ARTICLE 1. 
ORGANIZATION. 

37:1. Definitions. That for the purpose of this chapter the word 
company" shall apply to and indicate the infantry, cavalry, artillery, 
engineer, signal corps, machine gun and hospital organizations of like 
strength to a company of infantry. 

The words "regiment" and "battalion" shall apply to any organization 
of any arm of the service equal in organization and strength to a regiment 
or battalion of infantry, as the case may be. 

The word "officer" shall mean a commissioned officer of the organized 
militia and the words "enlisted men" shall mean an enlisted man of the 
organized militia. 

Hist. '11, c. 72, § 1, p. 203. 

37:2. Persons liable to military duty: Exemptions. All the able- 
bodied male citizens, and able-bodied males of foreign birth who have de- 
clared their intention to become citizens, who are more than 18, and less 
than 45 years of age, and who are residents of this state shall constitute 
the militia, subject to the following exemptions : 

1. Persons exempted by the laws of the United States. 

2. Persons exempted by the laws of this state. 

3. The members of any regularly organized fire or police department 
in any city, town or village, and exempt firemen who have served their 
full term in any fire company, but no member of the active militia shall 
be relieved from duty because of his joining any such fire company or 

rtpnn T*tTYlPT) t 

4. Justices and clerks of record, registers of deeds, sheriffs, ministers 
of the gospel, practicing physicians, superintendents, officers and assistants 
of hospitals, prisons and jails, lighthouse keepers, conductors and engineers 
of railways. 

5. Idiots, lunatics, paupers, vagabonds, confirmed drunkards, persons 
addicted to the use of narcotic drugs, and persons convicted of infamous 

crimes. 

All' such exempted persons, except those enumerated in subdivisions 
1 and 5, shall be available for military duty in case of war, insurrection, 
invasion or imminent danger thereof. 

Hist. '11, c. 72, § 2, p. 203. 

Cross ref. Persons liable to military duty: Const. 
XIV, 1. 

163 



37 :3 STATE MILITIA 

37:3. Military enrollment by assessors. . Whenever the governor 
may deem it necessary, he may order an enrollment, under such regulation 
as he may prescribe, to be made by the assessors of the various counties 
of this state, of all persons resident in their respective counties and liable 
to service in the militia. Such enrollment shall be on blanks furnished by 
the adjutant general and shall state the name, residence, age and occupa- 
tion of the persons enrolled and their previous or existing military or 
naval service. 

If any assessor wilfully refuses or neglects to perform any duty which 
may be required of him by the governor under the authority of this chap- 
ter, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, 
he shall be fined in a sum of not less than $300, nor more than $800. 

Hist. '11, c. 72, § 3, p. 204. 

37:4. Active and reserve militia. The militia of this state shall be 
divided into two classes : The active and the reserve militia. The active 
militia shall consist of the organized and uniformed military forces of the 
state, which shall be known as the national guard of Idaho; the reserve 
militia shall consist of all those liable to service in the militia, but not 
serving in the national guard of the state. 

Hist. '11, c. 72, § 4, p. 204. 

37 :5. Relative order of federal service. In the event of a call being 
made by the president of the United States upon this state to furnish 
troops for the service of the United States, the governor of this state, as 
commander in chief of the military forces, shall prefer and use the or- 
ganized militia of this state in all cases before calling for volunteers or 
making drafts upon the enrolled militia. 

Hist. '11, c. 72, § 5, p. 204. 

37 :6. Governor prescribes organization. The governor of this state, 
as commander in chief of its military forces, shall have the power, and is 
hereby authorized and directed, to prescribe in orders the organization of 
the organized militia thereof in such manner and form as to make the 
said organization conform to the requirements for the organized militia 
under the laws of the United States, and for that purpose he shall have 
power to alter, divide, annex, consolidate, disband, organize or reorganize 
any organization, department or corps, so as to conform to any organi- 
zation system, drill, instruction or discipline now or hereafter prescribed 
by the laws of the United States for the organization and government of 
the organized militia, and for that purpose the number of officers and 
noncommissioned officers of any grade, in any organization, department 
or corps may be increased or diminished and the grade of such officers may 
be altered to the extent necessary to secure such uniformity. The com- 
mander in chief shall have power, in case of war, invasion, insurrection, 
riot or imminent danger thereof, to increase the said force and organize 
the same as the exigencies of the occasion may require. In time of peace, 
the enlisted strength shall not exceed 2000 men, together with the neces- 
sary number of commissioned officers in accordance with the plan of or- 
ganization, such strength to be divided among the respective arms of the 
service in accordance with the laws of the United States and the orders of 
the president. 

Hist. '11, c. 72, § 6, p. 204. 

37:7. Organization to conform to U. S. standards. The com- 
mander in chief shall organize the organized militia in such divisions, bri- 
gades, regimental and battalion organizations as are consistent with the 
enlisted strength as fixed by this chapter to conform to an organization 

164 



STAFF 37:12 

of like enlisted strength under the laws of the United States, and the rules 
and regulations of the war department, and orders of the president. 

Hist. '11, c. 72, § 7, p. 205. 

37:8. Future maximum and minimum strength. Whenever, by au- 
thority of this chapter or any future law, the commander in chief increases 
the minimum of any organization to conform to the minimum fixed by the 
president of the United States or by the war department, he shall increase 
the maximum number of enlisted men in such organization by an amount 
equal to the number by which he has increased the minimum; that is to 
say, in time of peace the maximum strength of each organization shall be 
10 enlisted men in excess of the minimum strength as fixed from time to 
time : Provided, That the maximum strength shall at no time exceed the 
maximum war strength of such organization. 

Hist. '11, c. 72, § 8, p. 205. 

37:9. Disbandment of units. If it appears to the commander in 
chief that any organization has failed to comply with the requirements 
of the law in matters of uniform, equipment, discipline, or efficiency so 
that it is incapacitated to discharge the duties required of it, or if, in his 
judgment, the interests of the service demand it, such organization may 
be disbanded by the commander in chief. 

Hist. '11, c. 72, § 9, p. 205. 

ARTICLE 2. 
STAFF. 

37:10. Staff organization. The commander in chief shall cause to 
be organized and formed such staff corps and staff departments as are, 
by the laws of the United States and the rules and regulations of the war 
department and the orders of the president, proportioned and required 
for the enlisted strength prescribed by this chapter, and shall appoint the 
necessary staff officers and noncommissioned staff officers of the grade 
authorized in similar staff corps and departments of the regular army. 

Hist. '11, c. 72, § 10, p. 205; '07, p. 195, article 
2, § 2; R. C. § 685. 

37:11. Adjutant general and assistant. The adjutant general of 
this state shall have the rank of brigadier general and shall be ex officio 
chief of staff of the organized militia thereof, and in addition to such 
duties as may devolve upon him by virtue of the constitution and other 
laws of this state, he shall perform all such duties under this chapter as 
shall be prescribed by the commander in chief. There shall be appointed 
by the governor, on the recommendation of the adjutant general, an assist- 
ant adjutant general, who shall have the rank of major. The adjutant 
general shall receive as a yearly compensation the sum of $2000, payable 
in equal monthly installments, and the assistant adjutant general shall 
receive as a yearly compensation the sum of $1500, payable in equal 
monthly installments. 

Hist. '11, c. 72, § 11, p. 206. 

37:12. Same: Qualifications and service. No person shall be ap- 
pointed adjutant general unless he shall have previously served not less 
than one year as adjutant general of this or some other state, or not less 
than three years as a commissioned officer in the national guard of Idaho 
or in the regular army of the United States. In case the adjutant general 
shall be selected from the officers of the national guard of Idaho, he shall 
be selected from among such officers of or above the rank of captain and 
having to their credit not less than three years' service as commissioned 
officers in the national guard of this state; the assistant adjutant general 
shall be selected from among those officers of the national guard of Idaho, 

165 



37:13 STATE MILITIA 

without regard to rank, who have to their credit not less than three years' 
service as commissioned officers in the national guard of this state: 
Provided, That the appointment of the adjutant general, where that officer 
is selected from among the officers of the national guard, and the assistant 
adjutant general shall be considered as a detail to such duty, and the 
officers so appointed shall continue to hold their rank and office in the 
national guard of Idaho, and shall revert to such rank and office upon 
their relief from duty as adjutant general and assistant adjutant general, 
respectively; during their incumbency of these offices, their offices in the 
national guard of Idaho shall not be filled by appointment, election, pro- 
motion or otherwise, but the duties of such offices in the national guard 
of Idaho shall be performed by the next in rank and line of command. 
The adjutant general and the assistant adjutant general shall hold office 
during the pleasure of the commander in chief, but in any case their com- 
missions shall expire with that of the governor appointing them. 

Hist. '11, c. 72, § 12, p. 206 ; temporary proviso Cross ref. Adjutant general is custodian of mili- 

omitted. tary records and relics : Const. XIV, 4. 

37:13. Aides-de-camp. The commander in chief may appoint five 
aides-de-camp, each of the grade of lieutenant colonel. Such officers may 
be appointed without restriction as to source of selection, but if any of 
them are appointed from among the officers of the national guard of Idaho, 
such officers so appointed shall not be relieved from duty with their or- 
ganizations during their term of office on the staff of the commander in 
chief. 

Hist. '11, c. 72, § 13, p. 207. 

37:14. Staff officers. Staff officers and officers of staff corps, except 
the staffs of regiments and separate battalions, shall be appointed by the 
commander in chief or detailed from officers of the line. Staff officers of 
regiments and separate battalions shall be appointed by the commanding 
officer thereof, subject to the approval of his immediate superior : Provided, 
That all officers of the medical department shall be appointed by the com- 
mander in chief. 

Hist. '11, c. 72, § 14, p. 207. 

37:15. Same: Appointment. Staff officers and officers of staff 
corps shall hold office during the pleasure of the commander in chief, or 
until their successors are appointed and qualified ; staff officers allotted to 
divisions, brigades, regiments and independent battalions shall hold office 
during the pleasure of their immediate commanding officer or until their 
successors are appointed and qualified : Provided, That when staff officers 
except officers of the medical corps, are relieved from duty as such, 
they shall be placed on a reserve list and also on the eligible list, provided 
in section 24 of this chapter, for election to any company office : Provided, 
further, That whenever a vacancy occurs in any company office, any staff 
officer on the reserve list shall be eligible to election to such vacancy in 
case he resides within such distance of the armory or headquarters of 
such company that he will be able to perform the duties of the office to 
which he may be elected. Such staff officers shall hold rank from the 
date of their first commission. 

Hist. '11, c. 72, § 15, p. 207. 

ARTICLE 3. 
EQUIPMENT. 

37:16. Equipment provided by state. All organizations shall be 
provided by the state with such arms, equipments, camp and garrison 
equipage, books of instruction and records and other supplies as may be 
necessary for the proper performance of the duties required of them. Such 

166 



OFFICERS 37 :22 

flags, standards and guidons as may be necessary shall be procured by the 
commander in chief and issued from time to time as required. 

Hist. '11, c. 72, § 16, p. 207. 

37:17. Disposition of equipment: Duty of adjutant general. The 

adjutant general may, under the direction of the commander in chief, make 
such disposition of the arms, accoutrements, ammunition and all other 
military property belonging to the state as will most effectually subserve 
its military interests or necessities ; he shall distribute to the officers, regi- 
ments, battalions or companies, the arms, furniture, equipment, camp 
equipage, and books required by law to be furnished at public expense, 
and may sue, either in contract or tort any or all such officers for loss or 
damage sustained in articles so furnished. He shall also have authority, 
under the direction of the commander in chief, to employ such labor and 
clerical assistance as may from time to time become necessary. 

Hist. '11, c. 72, § 17, p. 208. 

37:18. Unserviceable equipment. The adjutant general may, with 
the approval of the commander in chief, sell, condemn or exchange, from 
time to time, such military stores belonging to the state as are found un- 
serviceable or in a state of decay or which it may be deemed for the interest 
of the state to sell, condemn or exchange. 

Hist. '11, c. 72, § 18, p. 208. 

37:19. Arms and ammunition. The adjutant general shall provide 
for and issue for rifle and artillery practice such ammunition as may be 
necessary for the efficiency of the service, and he shall provide fully such 
conveniences of rifle practice as shall be prescribed by law or the com- 
mander in chief. 

Hist. '11, c. 72, § 19, p. 208. 

37:20. Custodian of funds to give bonds. Every person having the 
custody of the funds of any military organization, shall enter into bonds, 
in twice the amount likely to be held in his hands at any time, but never 
in less amount than $100, with not less than two good and sufficient sure- 
ties to be approved by the county clerk of the county in which said sureties 
reside, payable to the state of Idaho for the use of such organization, for 
the faithful and honest discharge of his duties, and the careful keeping 
and disbursements of said funds. 

Hist. R. C. § 746 ; '07, p. 195, art. 6, § 10. 

37 :21. State flag. A state flag for the state of Idaho is hereby adopt- 
ed, the same to be as follows : The state flag of the state of Idaho shall 
be blue, charged with the name of the state, in such colors and of such 
size and dimensions as shall be prescribed by the adjutant general of the 
state of Idaho. Said adjutant general shall have general supervision over 
the form and construction of said flag. 

Hist. R. C. § 749 ; '07, p. 304, §§ 1, 2. Under v.ords "State of Idaho" are embroidered in with 

the authority of this section the adjutant general block letters, 2 inches in height, on a red band 3 

has prescribed the following: inches in width by 29 inches in length, the band 

A silk flag, blue field, 5 feet 6 inch fly, and 4 feet being embroidered in gold and placed about 8% 

4 inches on pike, bordered by gilt fringe 2% inches inches from the lower border of fringe and paral- 

in width, with state seal of Idaho 21 inches in diam- lei with the same, 
eter, in colors, in the center of the blue field. The 

ARTICLE 4. 
OFFICERS. 

37:22. Generals. Major generals and brigadier generals of the line 
and staff, other than the adjutant general, shall be appointed by the com- 
mander in chief, provided that no person shall be appointed a general of 
the line who is more than 60 years of age or shall not have served at least 
10 years immediately preceding in the organized militia of Idaho or in 

167 



37:23 STATE MILITIA 

the military service of the United States, or both, or who has not attained 
at least the rank of major. 

Hist. '11, c. 72, § 20, p. 208. governor and the manner of their selection is to be 

Cross ref . Officers are to be commissioned by the determined by law : Const. XIV, 3. 

37:23. Other officers. Whenever any vacancy occurs in the office 
of major in any battalion of the national guard of Idaho, the senior captain 
of that battalion, in point of continuous commissioned service in the na- 
tional guard, shall be promoted to fill such vacancy. Whenever any vacancy 
occurs in the office of lieutenant colonel of any regiment of the national 
guard of Idaho, the senior major of that regiment, in point of continuous 
commissioned service in the national guard, shall be promoted to fill the 
office of lieutenant colonel, and whenever a vacancy occurs in the office of 
colonel of any regiment of the national guard of Idaho, the lieutenant 
colonel shall be promoted to fill such vacancy. Company officers shall be 
elected by the enlisted members in good standing of such organization. 

Hist. '11, c. 72, § 21, p. 208. 

37:24. Qualifications and election of officers. All members of any 
units of the national guard of the state who shall have served at least 
one year in the army of the United States or in the national guard of this 
state or some other state, or who shall have attended some school or col- 
lege where military instruction is had, shall be eligible to enter on exam- 
ination to determine their fitness for commissioned rank : Provided, That 
such examination shall be held under such rules as shall be prescribed by 
the commander in chief and shall consist of a thorough examination of 
the mental, moral and physical qualifications of the candidate. All per- 
sons who shall satisfactorily pass such an examination shall have their 
names placed upon a roster to be kept by the adjutant general. Whenever 
any office is to be filled by election under the provisions of this chapter, 
the adjutant general shall furnish the officer conducting such election with 
a list of all the members of the command and reserve list who are eligible 
to election, and from such list the qualified elector shall choose, by ballot, 
some person to fill the vacancy existing, and it shall require a majority 
of the qualified electors to make such election; should there be no choice 
or no quorum present, the presiding officer shall adjourn the meeting to 
a time not to exceed 15 days and at such adjourned meeting conduct an- 
other election. If such meeting results in no choice, the commander in 
chief shall be notified and may thereupon fill the vacancy by appointment 
from the list of eligible persons; such officer so appointed shall have all 
the rights and privileges conferred by this chapter upon an officer other- 
wise elected or appointed. 

Hist. '11, c. 72, § 22, p. 208. 

37:25. Election of officers: Notice of meeting. All elections shall 
be authorized by the commander in chief upon application of the proper 
commanding officer, and some officer of equal or superior rank to the office 
to be filled shall be detailed to hold such election; but no candidate shall 
preside at any election, except to adjourn the same; 10 days' notice of 
election shall be given, except when the troops shall be in actual service, 
when 48 hours' notice shall be given unless such notice shall be waived 
by the commander in chief. If, before the meeting for the election of an 
officer is dissolved, the person chosen signifies to the presiding officer his 
refusal to accept same, such refusal shall be recorded and the electors shall 
proceed to another election; the proper roll of the company shall be pro- 
duced at such election by the person having legal custody thereof; when 
a commissioned officer is elected or appointed to another office and accepts 
the same, such acceptance shall vacate the office previously held, except 
as provided in section 12. 

Hist. '11, c. 72, § 23, p. 209. 

168 



OFFICERS 37 :22 

37:26. Penalty for buying election. If it shall appear to the satis- 
faction of the governor, by the affidavit of a competent witness, that an 
officer offered any consideration, reward or favor, for the withholding or 
casting of a vote at the election at which he was chosen, he shall be dis- 
honorably discharged from the service of the state. 

Hist. Part of R. C. § 695; '07, p. 195, art. 2, § 

12. 

37:27. Oath of officer. Every commissioned officer shall take and 
subscribe an oath of office in such form as may be prescribed by the com- 
mander in chief and which shall also contain an oath of allegiance to the 
United States in the form in use in the armies of the United States, which 
oath, certified by the officer administering the same, shall be forwarded to 
the adjutant general and filed in his office. 

Hist. '11, c. 72, § 24, p. 209. 

37:28. Term of office: Removal. All officers shall hold office until 
their resignations shall have been accepted by the proper authorities, or 
until they have been discharged or retired in accordance with the provisions 
of this chapter, or until they shall have been dismissed from the service 
by a sentence of general court-martial or removed by the governor and 
commander in chief for inefficiency. The commander in chief shall have 
authority to vacate the commission of any officer, and to remove him from 
service for inefficiency, upon recommendation of an examining board, and 
also for removal from the territory of his command. 

Hist. '11, c. 72, § 25, p. 210. 

37:29. Commissions and seniority. All officers shall take rank ac- 
cording to the date assigned them by their commissions, which date shall 
be that of election or appointment ; when two or more officers of the same 
grade are commissioned as of the same date, their respective rank shall 
be determined by length of previous continuous service as an officer, or 
by lot if neither shall have served previously; officers in the organized 
militia shall in all cases take rank over officers in the volunteers or un- 
organized militia of the same grade, irrespective of date of commission. 

Hist. '11, c. 72, § 26, p. 210. 

37:30. Same. Whenever an officer shall be recommissioned in the 
same grade or in a lower grade than that in which he has previously served 
within 90 days after the expiration of his commission, he shall take rank 
from the date given in his former commission: Provided, That when a 
commissioned officer has been in continuous service and commissioned in 
a higher grade, it shall not effect continuity of rank when such officer shall 
be recommissioned in a lower grade in which he has previously served. 

Hist. '11, c. 72, § 27, p. 210. 

37:31. Age limits of officers. No person who has not served as a 
commissioned officer in the national guard of this or any other state shall 
b(± elected a second lieutenant who is over 30 years of age, nor a first 
lieutenant if over 36 years, nor a captain if over 40 years, nor a major 
if over 48 years, nor a lieutenant colonel if over 52 years, nor a colonel if 
over 56 years of age, and every officer who shall reach the limitary age 
for election to the next higher rank without having been elected thereto, 
may, upon his own application, be retired as of the next higher rank with- 
out regard to length of service or he may be discharged by the commander 
in chief with next higher rank. 

Hist. '11, c. 72, § 28, p. 210. 

37 :32. Examinations for officers. If any officer, elected or appointed, 
upon being notified, shall fail to appear before the examining board here- 
inafter provided for when summoned by it, without having tendered to 

169 



37 :33 state militia 

the president of said board a just and satisfactory excuse for such absence, 
he shall be deemed as declining his commission and there shall be another 
election ordered or another appointment made, as the case may require; 
if any officer shall fail to pass the examination, the filing of the proper 
certificate of said board with the adjutant general that the officer so elected 
or appointed has failed to pass such examination shall ipso facto vacate 
the commission of such officer and thereupon a new election shall be or- 
dered or a new appointment made: Provided, Any officer so requesting, 
in writing, within 10 days, may be accorded a second examination within 
30 days, and, if he passes the same, shall be commissioned accordingly. 

Hist. '11, c. 72, § 29, p. 211. 

37:33. Same. Before receiving a commission consequent upon an 
appointment or election, or before being commissioned to a higher grade 
by promotion, every officer must have passed a satisfactory physical exam- 
ination before a surgeon detailed for that purpose, and a satisfactory 
examination before a board of commissioned officers as to his knowledge 
of military affairs and general knowledge and fitness for the service, and 
anyone failing to pass such examination shall not be eligible for election 
or appointment to any other office or to promotion for a period of one 
year after the date of such failure : Provided, That general officers of the 
staff of the commander in chief, and chief of staff departments and of staff' 
corps shall be exempt from mental examination. The commander in chief 
shall, by general orders, provide for the detail and appointment of one or 
more examining boards, who shall conduct the examinations prescribed 
by this chapter. Such boards shall be composed of not less than three, nor 
more than five officers, none of whom, except the medical officer, shall be 
of lower rank than the officers to be examined before it, and they shall have 
all the power and authority conferred upon examining boards by the laws 
of the United States and rules of the war department. They shall make 
their reports in such forms as shall be prescribed by the adjutant general. 

Hist. '11, c. 72, § 30, p. 211. 

37:34. Officers' pay. All officers may be ordered upon special duty 
at the discretion of the commander in chief and shall receive the pay of 
their respective ranks during the time they continue on duty under such 
order: Provided, That when the duty required of them be the duty en- 
joined by law or existing regulations upon an officer of higher rank than 
the officer so detailed, he shall receive the pay of such higher rank. 

Hist. '11, c. 72, § 31, p. 211. 

37:35. Power to administer oaths: Penalty for false swearing. 

General, field and department staff officers are hereby authorized and em- 
powered to administer oaths and affirmations in all matters pertaining 
to or concerning the service, and commissioned officers of companies are 
authorized and empowered to administer oaths and affirmations in the en- 
listment of recruits for their respective companies, but in no case shall 
any fee or compensation be charged therefor. Any person who shall 
falsely swear or affirm to any oath or affirmation so administered shall, 
upon trial and conviction, be deemed guilty of perjury and sentenced for 
such offense as is now prescribed by law. 

Hist. '11, c. 72, § 32, p. 212. 

37:36. Retired list. When an officer has served 40 years, either as 
an officer, soldier, or both, he shall, if he makes application therefor to 
the commander in chief, be retired from active service and placed on the 
retired list, and when an officer is 64 years of age, he shall be retired from 
active service and placed on the retired list : Provided, hoivever, That no 
officer shall remain in command of a division for a longer period than five 

170 



OFFICERS 37 ;42 

years. Officers, upon retirement, shall be immediately recommissioned as 
of the retired list, and such commission shall continue until lawfully termi- 
nated and annulled. 

Hist. '11, c. 72, § 33, p. 212. 

37:37. Same: Credit for active service. All officers who have 
served as officers or enlisted men in the volunteer forces of the United 
States, or in the army, navy or marine corps thereof during any war, or 
in the organized militia of any other state, shall be, and are, hereby credited 
with the full term they may have so served in computing the 40 years' 
service provided for in the preceding section. 

Hist. '11, c. 72, § 34, p. 212. 

37 :38. Same : Officers and enlisted men. Commissioned officers who 
shall have served as such for a continuous period of five years, or who may 
have served continuously as officers and soldiers 10 years in the organized 
militia, may, upon their own application, be placed upon the retired list: 
Provided, however, That service in war, in the army, navy or marine 
corps of the United States, or the volunteer forces thereof, shall be com- 
puted as of twice its actual length and, as so computed, shall be computed 
as part of the said 15 years. Enlisted men, after six years' service, or if 
disabled for active duty while in service, may, upon their own application 
and after due examination in the case of disability, be transferred to a 
retired list of enlisted men to be kept in the office of the adjutant general, 
and shall retain their rank at the time of transfer and be entitled to wear 
the uniform on all occasions of ceremony. 

Hist. '11, c. 72, S? 35, p. 212. 

37:39. Settlement of officers' accounts. A commissioned officer re- 
sponsible for public money or public property who may tender his resigna- 
tion, and whose accounts are unsettled, may be relieved from active duty 
and held as supernumerary pending settlement of his accounts, and when 
relieved from active duty, the position in which he was commissioned shall 
be considered as vacated. An officer so held as supernumerary shall be 
amenable to court-martial for military offenses to the same extent as if 
upon active list. 

Hist. '11, c. 72, § 36, p. 213. 

37:40. Officers supernumerary. A commissioned officer who shall 
become surplus by a reduction, alteration, consolidation, transfer or dis- 
bandonment of organizations, as provided in this chapter, may be relieved 
from active service and held as supernumerary for one year, and while 
held as supernumerary, shall be subject to detail for active duty by the 
commander in chief, except in command of troops. The period in which 
a commissioned officer may be held as supernumerary may be included in 
computing the necessary length of service to entitle him to be placed upon 
the retired list. Officers retired under the provisions of this section may, 
in the discretion of the commander in chief, be employed on and assigned 
to active duty other than the command of troops, and when so employed, 
they shall receive the full pay and allowance of their grade. 

Hist. '11, c. 72, § 37, p. 213. 

37:41. Officers retired with higher rank. The commander in chief 
shall have power to relieve from active service and place upon the retired 
list with the next higher rank any officer who shall have served continu- 
ously in any one grade for 15 years. 

Hist. '11, c. 72, § 38, p. 213. 

37:42. Officers' annual allowance. All officers shall receive an- 
nually such sum as may be directed by the commander in chief, not to 
exceed $50, to assist in uniforming and equipping such officers : Provided, 

171 



37:43 state militia 

No officer shall receive more money toward such equipment than he has 
expended for purchase and maintenance during the last preceding year: 
Provided, Where an officer expends a greater amount than the annual allow- 
ance for the year, such excess may be included in voucher for the succeeding 
year. 

Hist. '11, c. 72, § 39, p. 213. 

37 :43. Discharge of officers. The commander in chief may discharge 
any officer when such officer tenders his resignation, when it appears to 
the commander in chief, and upon recommendation of an examining, board, 
that he is unable or unfit to discharge the duties of his office or to exercise 
proper authority over his inferior officers or soldiers ; 

When he has been convicted of an infamous crime ; 

When either before or after receiving his commission, he has removed 
his residence out of the bounds of his command ; 

When he has been absent from his command more than 30 days without 
leave ; 

Upon address of both houses of the legislature to the governor ; 

Upon sentence of court-martial after trial according to law ; 

Upon recommendation of a board of examiners ; 

Upon disbandment of an organization. 

Hist. '11, c. 72, § 40, p. 213. 

37:44. Effect of dishonorable discharge. No dishonorably dis- 
charged officer shall be permitted to again enter the service or to be com- 
missioned as an officer therein, except the offense be pardoned by the com- 
mander in chief. 

Hist. '11, c. 72, § 41, p. 214. 

ARTICLE 5. 
ENLISTED MEN. 

37 :45. Enlistment : Qualifications and regulations. Any able-bodied 
male citizen, resident within this state, of the age of 18 years and under 
the age of 45 years, free from disease of any character and of temperate 
habits, may be enlisted for the term of three years, and having served such 
term of enlistment satisfactorily, may reenlist for another like term and 
may so subsequently reenlist until he has reached the maximum age limit. 
No minor shall be enlisted without the written consent of his parent or 
guardian. No man who has been dishonorably discharged from any mili- 
tary organization of this or any other state or of the United States shall 
be eligible for enlistment or reenlistment unless he produce the written 
consent to such enlistment from the commanding officer of the organiza- 
tion from which he was so discharged or from the commander in chief 
thereof. Every person at the time of enlistment shall sign enlistment pa- 
pers in such form as may be prescribed by the commander in chief, which 
shall also contain an oath of allegiance to the United States in the form 
in use in the armies thereof. Such papers shall be preserved and filed as 
prescribed in general orders. No enlistment shall be complete unless the 
person enlisting shall have passed the requisite physical examination in 
the form prescribed by orders, which examination shall be made by a 
medical officer, or, if such officer be not available, by such surgeon as may 
be designated for that purpose. The certificate of such examination shall 
form part of the enlistment papers. 

Hist. '11, c. 72, § 42, p. 214. 

37:46. Honorable discharges. An honorable discharge shall be is- 
sued to every man who has faithfully performed his duties during his 
term of service, as required by the conditions of his enlistment, and has 
been lawfully relieved of all responsibility for public property issued to 

172 



ENLISTED MEN 37 :52 

him and from all military accountability to his organization. Unless un- 
avoidable circumstances intervene, such discharge shall be furnished the 
enlisted man immediately upon the expiration of his term of service, which 
shall be computed from the date of taking the oath of enlistment. Every 
enlisted man's account will be settled and his responsibility for property 
adjusted in such time as not to withhold the issuance of his discharge. 

Hist. '11, c. 72, § 43, p. 214. 

37:47. Same: Before expiration of term of service. Any enlisted 
man may be honorably discharged before the expiration of his term of 
service by the order of the commanding officer of his regiment or separate 
battalion, or, if a member of an unattached organization, by the superior 
officer to which it reports, upon the recommendation of his commanding 
officer, for any of the following reasons : 

To accept promotion by commission ; 

Upon removal of residence from the state or out of the bounds of the 
command to which he belongs to so great a distance that, in the opinion 
of the commanding officer, he cannot properly perform his military duties ; 

Upon disability established by the certificate of a medical officer ; 

To a man rendered supernumerary by the reduction of the organization 
of which he is a member, or who is a member of an organization which 
may be disbanded. 

Hist. '11, c. 72, § 44, p. 215. 

37:48. Dishonorable discharge. A dishonorable discharge shall be 
issued : 

To a man sentenced by a general court-martial to be discharged ; 

To a man convicted of a felony in a civil court ; 

To a man neglecting or refusing to pay any fine imposed by a military 
court within 30 days after it was imposed. 

Hist. '11, c. 72, § 45, p. 215. 

37:49. Discharges without honor. A discharge without honor may 
be issued: 

Without trial on account of fraudulent enlistment ; 

Without trial on account of having become disqualified for service, 
physically or in character through his own misconduct; 

On account of imprisonment under sentence of a civil court ; 

Where the service has not been honest and faithful, that is, where the 
service does not warrant his reenlistment ; 

When discharge without honor is specially ordered by the commander 
in chief for any other reason. 

Hist. '11, c. 72, § 46, p. 215. 

37:50. Discharges: By whom issued. A discharge may be issued 
by any company commander, with the approval of his regimental or su- 
perior battalion commander or by the order of the commanding officer of 
a regiment or separate battalion; noncommissioned staff officers may be 
discharged by their immediate commander. 

Hist. '11, c. 72, § 47, p. 215. 

37:51. Same: Officers authorized to issue. The officers authorized 
to issue the discharges hereinbefore specified are : The commanding officer 
of the regiment or of a battalion not part of a regiment, the commanding 
officer of a brigade for any organization attached to a brigade; for all 
others, the commander in chief. 

Hist. '11, c. 72, § 48, p. 215. 

37:52. Same: Validity. Certificates of discharge so issued shall be 
in all cases good, sufficient and valid for all purposes. 

Hist. '11, c. 72, § 49, p. 216. 

173 



37:53 STATE MILITIA 

37:53. Noncommissioned officers: Appointment. Noncommis- 
sioned officers, other than those of the general staff and staff corps, shall 
be appointed by their immediate commanding officer and those of a com- 
pany shall be approved by the commanding officer of a regiment or a sepa- 
rate battalion. 

Hist. 'IX, c. 72, § 50, p. 216. 

ARTICLE 6. 
SERVICE. 

37:54. Rules of government and by-laws. Regimental, battalion 
and company rules of government and by-laws, regularly adopted by a ma- 
jority of the elected officers of such regiments and battalions or members 
of companies and approved by the commander in chief, may be adopted 
and enforced in such regiments, battalions and companies if they are not 
in conflict with the laws and regulations of this state. 

Hist. '11, c. 72, § 51, p. 216. 

4. ij* 37 :55. Transportation of officers. Transportation shall be furnished 

A- * jtto officers for attendance upon court-martial, boards of examination and 

^ ^V^'such other necessary service as the law may require of said officers, orders 

Jfj/nr for which shall be made by the commander in chief, division or brigade 

I J commander, and allowance shall be made for their necessary expenses. 

^ / Hist. '11, c. 72, § 52, p. 216. 

37:56. Expenses for military headquarters. Allowance shall be 
made for the necessary military expenses of general division, brigade and 
, regimental headquarters, in no case to exceed such reasonable amount as 
the commander in chief may prescribe. 

Hist. '11, c. 72, § 53, p. 216. 

37:57. Annual allowances to military organizations. Each in- 
fantry, engineer and signal corps company duly organized and found to 
be fully up to the standard of members, drill, discipline and efficiency shall 
receive the sum of $100 per annum; each artillery and cavalry company, 
upon like conditions, the sum of $150 per annum. It shall be the duty 
of the adjutant general, before paying any of the said allowance in money, 
to deduct therefrom the cost of all uniforms, equipments, ordnance and 
quartermaster stores issued to the said organization or its members and 
chargeable against such allowance pursuant to orders issued by the com- 
mander in chief. The annual allowance received by the several military 
organizations hereunder shall be used and expended solely for military 
purposes and for the use and benefit of the said several organizations. 

Hist. '11, c. 72. * 54, p. 216. 

37:58. Allowances: Per diem for horses. Each battery of artillery 
and troop of cavalry shall receive the sum of $1 per diem for each horse 
necessarily used by said troop or battery for parades and services author- 
ized by the commander in chief. 

Hist. '11, c. 72, S 55, p. 216. 

37:59. Same: Expenses; by county commissioners. Each company 
shall receive quarterly the further sum of $125 for necessary military ex- 
penses, including rent of armory. In addition thereto the county com- 
missioners of each county may, in their discretion, expend annually, not 
to exceed $150 out of the county current expense fund for repairs or rent 
of armory building or other necessary expenditures for military purposes. 

Hist. '11, c. 72. § 56, p. 217. 

37:60. Financial reports of companies. The commanding officer of 
each infantry, cavalry, artillery, engineer and signal corps company shall, 
at such time as the commander in chief may direct, make a financial return 
to the adjutant general containing an itemized account and statement of 

17 i 



service 37 :64 

all disbursements of allowance during- the preceding year by said com- 
pany, which account and statement shall be verified by the proper original 
vouchers for each disbursement. 

Hist. '11, c. 72, § 57, p. 217. 

37:61. Annual encampments and inspections. Encampments shall 
be held annually at such, times, places and for such periods as the com- 
mander in chief may direct, and may be held in conjunction with the 
organized militia of other states and the armies of the United States, within 
or without territorial limits of this state. During such encampment there 
shall be made by the adjutant general, or such officers as he may direct, 
an inspection of the troops. For services during such encampment, and 
going to and from the same, the troops shall be entitled to the necessary 
transportation and subsistence and a per diem pay as prescribed by this 
chapter. 

Hist. '11, c. 72, § 58, p. 217. 

37:62. Same: Pay of enlisted men and officers. While on camp 
or field duty and in going to and returning therefrom, the members of the 
national guard of Idaho shall receive the following compensation per diem 
during the first 20 days of service : Enlisted men shall receive the pay 
prescribed for their grade in the United states army and in addition thereto 
each shall receive the sum of $1 per day, and in addition thereto, each 
enlisted man shall be entitled to one ration per day while on duty. Com- 
missioned officers shall receive the pay prescribed for their grade in the 
United States army. When ordered into actual service in aid of the civil 
authorities, the forces so called into service for the first 20 days, the same 
pay and rations as provided herein for camp and field duty, and thereafter 
they shall receive the same pay and rations as troops in the service of the 
United States. All members of the staff of the commander in chief shall 
be entitled to and receive their actual traveling and hotel expenses while 
acting under the orders of the commander in chief, whether within or 
without the state, and such expenses shall be paid out of the appropriation 
provided for in this chapter. All allowance and pay provided by this 
chapter for officers or enlisted men, except for per diem and mileage while 
traveling under orders without troops, shall be subject to be applied to 
the payment of penalties and fines imposed by military courts and to the 
payment of any shortage of or injury to state or United States property or 
funds, for which such officers or enlisted men are accountable. All pay- 
ments by the state shall be on pay rolls prepared in such form as the 
adjutant general shall direct. The necessary subsistence and quartermaster 
stores and transportation for the troops so in service shall be contracted 
for by the proper department officers, by direction of the commander in 
chief. 

Hist. '11, c. 72, § 59, p. 217. 

37:63. Special inspections. In addition to the annual inspection pro- 
vided for in this chapter, there shall be such other inspections of the troops 
made under the direction of the adjutant general as may be ordered by 
the commander in chief. 

Hist. '11, c. 72, § 60, p. 218. 

37 :64. Service in case of invasion or insurrection. When an invasion 
is made or an insurrection occurs, or is threatened, the governor shall 
order the national guard to repel or suppress the same. When there is in 
any town, city or county, a tumult, riot, mob or body of men, acting to- 
gether by force with attempt to commit a felony or to offer violence to 
persons or property, or by force and violence to break and resist the laws 
of the state, or when such tumult, riot or mob is threatened, and the fact 

175 



37:65 STATE MILITIA 

is made to appear to the governor, the sheriff of the county, or the mayor 
of the city or town, the governor may issue his orders to any commanding 
officer of any portion of the national guard, directing him to order his 
command to appear at a time and place designated, to aid the civil authori- 
ties to suppress such violence and to support the law. 

Hist. R. C. § 739 ; '07, p. 195, art. 6, § 3. 

37 :65. Same : Troops called to colors. The officer to whom the order 
or call is directed, shall forthwith order the troops therein mentioned to 
parade at the time and place appointed; and if he neglects or refuses to 
obey, or if any officer refuses or neglects to obey, any such order issued 
in pursuance of any such call, he shall be cashiered, and be further pun- 
ished by a fine of not less than $100, and not more than $1000, or im- 
prisonment not to exceed six months, or both, at the discretion of the 
court-martial ; or a person who advises or endeavors to persuade an officer 
or soldier to refuse or neglect to appear at such place, or to obey such 
order, shall, on conviction thereof by the district court, be imprisoned not 
to exceed six months, or fined not to exceed $1000, or both, at the discre- 
tion of the court. All fines assessed under this section shall be paid to 
the treasurer of the state for the benefit of the state military fund. 

Hist. R. C. g 740 ; "07, p. 195, art. 6, * 4. 

37:66. Same: Notice to men to appear. When the commanding offi- 
cer of a company, troop, or battery orders out his command for such duty, 
he may order enlisted men to notify the men in such organization to appear 
at the time and place appointed. These men shall give notice of such time 
and place of meeting to each man personally, or by leaving at his usual 
place of abode a written or printed order, signed by the enlisted men serv- 
ing the same, which notice shall be sufficient warning. 

Hist. R. C. § 741; '07. p. 195, art. 6, § 5. 

37:67. Same: Punishment for refusal to obey. Every enlisted 
man who refuses or neglects to serve such notice, when duly ordered so 
to do, and every officer and enlisted man who, having been served with 
notice as provided in the preceding section, refuses or neglects to obey 
the same promptly, shall be fined not less than $5 nor more than $100, 
at the discretion of the court-martial. All fines assessed under this section 
shall be paid to the treasurer of the proper county for the benefit of the 
state military fund. 

Hist. R. C. § 742 ; '07, p. 195, art. 6, § 6. 

ARTICLE 7. 
PRIVILEGES AND EXEMPTIONS. 

37:68. Equipment execution proof. Every officer and soldier shall 
hold his uniforms, arms, ammunition and accoutrements required by law 
free from all suits, distresses, execution or sales for debt or payment of 
taxes. 

Hist. '11, c. 72, § 61, p. 218. 

37:69. Exemptions from civil process. No civil process shall issue, 
or be in force, against any person mustered into the service of this state, 
or of the United States, during so much of the term as he shall be engaged 
in actual service under orders, nor until 30 days after he shall have been 
relieved therefrom : Provided, That the operation of all statutes of limi- 
tation and presumption arising from lapse of time shall be suspended upon 
all claims against such persons during such term. 

Hist. '11, c. 72, § 62, p. 218. 

37 :70. Same : From jury duty. In addition to all other exemptions 
now allowed by law, all officers and enlisted men shall be exempt from the 



OFFENSES 37 : 75 

performance of jury duty during their term of service therein, and every 
man who shall have served for a period of six years and been honorably 
discharged therefrom shall be exempt from further jury duty in the state 
where such service was performed. 

Hist. '11, c. 72, § 63, p. 218. 

37:71. Same: From military service. In addition to all other ex- 
emptions allowed by law, any person who shall have served nine years in 
the organized militia and shall have been honorably discharged therefrom, 
or nine months or longer in the armies or navy of the United States, and 
honorably discharged therefrom, shall be exempt from further military 
service, except in case of war, invasion or insurrection. 

Hist. '11, c. 72, § 64, p. 218. 

37:72. Same: From posse comitatus; from road or poll tax. Every 
officer and enlisted man shall, during his service, be exempt from service 
upon the posse comitatus and from payment of any road or poll tax. 

Hist. '11, c. 72, § 65, p. 218. 

37:73. Privilege from arrest. No officer or soldier shall be arrested 
by civil process on any warrant, except for treason, felony, or breach of 
the peace while going to, remaining at and returning from a place where 
he is ordered for military duty or to attend an election for officers. 

Hist. '11, c. 72, § 66, p. 219. 

37:74. Pensions. A pension not exceeding $50 per month, payable 
quarterly, shall be paid to either the widow or minor child or dependent 
parent of any soldier of the organized militia who may die from injuries 
received, or who may be killed in line of duty while in active service under 
orders of the commander in chief and for which active service a per diem 
pay is allowed under existing laws. A like amount shall be allowed to 
any soldier wholly disabled under like existing laws. No pension shall 
be granted for a longer period than five years, but the same may be re- 
newed for a further period of five years upon satisfactory evidence of the 
dependency of the pensioner being furnished to the commander in chief. 
Such pension may be revoked upon its being shown to the satisfaction of 
the commander in chief that the pensioner is no longer in a state of de- 
pendency. No pension shall be awarded under the provisions of this sec- 
tion for any service rendered while in the service of the United States in 
case of war, under the orders of the president of the United States. The 
pensions heretofore provided for shall be paid out of the appropriations 
carried in this chapter. 

Hist. '11, c. 72, § 67, p. 219. "No person shall 
he accorded," an obvious error in next to last sen- 
tence, corrected to "No pension shall be awarded." 

ARTICLE 8. 
OFFENSES. 

37:75. Misuse of military property. Every arm, uniform or equip- 
ment issued by the state shall be used only in the discharge of military 
duty, and any noncommissioned officer or private who shall wilfully or 
wantonly injure or destroy any uniform, arm, or equipment, or other 
military property belonging to the state, or refuse to make good such in- 
jury or loss, or who shall sell, loan, dispose of, secrete, or remove the same, 
or who shall fail within 10 days after being notified by his commanding 
officer to return the same to the state or his commanding officer, shall be 
tried by court-martial, and, if convicted, shall be sentenced to pay a fine 
of not more than $100, or in default of payment of the same, undergo an 
imprisonment in the county jail of not more than P>0 days. 

Hist. '11, c. 72, § 68 p. 219. 

177 



37 :76 state militia 

37 :76. Discipline. The commanding officer of any troops under arms 
may cause them to perform any military duty he shall require and also 
put under arrest any officer, noncommissioned officer, musician, or private 
who shall disobey the orders of his superior officer; also, any person or 
persons who shall trespass on parade or camp ground, or in any way or 
manner interrupt, or molest the orderly discharge of duty of those under 
arms ; and also, in his discretion all hucksters or auction sales or gambling 
may be abated as a nuisance. 

Hist. '11, c. 72, § 69. p. 219; reference to pro- 
hibition of liquors omitted, repealed by implication 
'15, c. 28, p. 83. 

37:77. Penalty. Any officer or soldier failing to appear upon any 
occasion of duty to which he shall be ordered by his proper commanding- 
officer shall be subject to a trial by a general court-martial, and, upon con- 
viction, failing to render a good and sufficient cause therefor, he shall be 
sentenced as hereinafter provided. 

Hist. '11, c. 72, S 70, p. 220. 

37:78. Unauthorized wearing of uniforms. Every person other 
than an officer or enlisted man of the organized militia of the United 
States army, navy, marine corps, or revenue service, or forest service, 
or inmate of any veteran or soldiers' home, who at any time wears the 
uniform of the United States army or navy or organized militia, or any 
part of such uniform, or a uniform, or part of a uniform similar thereto, 
within the bounds of this state, shall be guilty of a misdemeanor, and if 
convicted of such offense, shall be punished by a fine of not less than $100, 
nor more than $250, or by imprisonment in the county jail not exceeding 
60 days, or by both such fine and imprisonment : Provided, That nothing 
in this chapter shall be construed as prohibiting persons of the theatrical 
profession from wearing such uniform in any playhouse or theater while 
actually engaged in following said profession; and, Provided, That noth- 
ing in this chapter shall be construed as prohibiting the uniform rank of 
civic societies parading or traveling in a body or assembling in a lodge 
room; and, Provided further, That whenever the national guard, or any 
part thereof, is in active service or is called into active service, no civic 
organization or member thereof shall parade or appear in uniform in the 
locality where said organized militia is in service. 

Hist. '11, c. 72, § 97, p. 225 ; grammatical er- 
rors corrected. 

37:79. Unauthorized military organizations. It shall not be lawful 
for any body of men whatever, other than the organized militia and the 
troops of the United States, to associate themselves together as a military 
company or organization, to drill or parade with arms in any city or town 
in this state, without the license of the governor therefor, which license 
may at any time be revoked : and, Provided further, That students in edu- 
cational institutions where military science is a part of the course of in- 
struction, may, with the consent of the governor, drill and parade with 
arms in public, under the superintendence of their instructor: Provided, 
That nothing herein contained shall be construed so as to prevent benevo- 
lent or social organizations from wearing swords ; and any person or per- 
sons violating any of the provisions of this section shall be guilty of a 
misdemeanor and subject to arrest and punishment therefor. 

Hist. '11, c. 72, § 98, p. 225. 

37:80. Unauthorized possession of military property. If any per- 
son shall unlawfully, knowingly and wilfully purchase or receive in pawn 
or pledge any arms, accoutrement, article of military clothing, equipment, 
tent or fly, or any quartermaster or ordnance stores, the property of this 

178 



COURTS-MARTIAL 37 :85 

state or of the United States, he shall be guilty of a misdemeanor; and, 
being convicted thereof in any court where such cases are properly triable 
and by a court having proper jurisdiction, shall be sentenced to an impris- 
onment not exceeding one year and fine not exceeding $300. 

Hist. *11, c. 72, § 99, p. 226. 

37:81. Embezzlement of military funds. Any member of the organ- 
ized militia who shall embezzle, misapply or retain in his possession, with- 
out authority, any money received by him for disbursement, shall be guilty 
of a felony, and it shall be the duty of the district attorney of the proper 
county, on complaint being made, to prosecute such offender in any court 
of competent jurisdiction and to collect any penalty imposed and pay the 
same into the state treasury. 

Hist. '11, c. 72, § 100, p. 226. 

ARTICLE 9. 
COURTS MARTIAL. 

37:82. Courts of inquiry: How instituted. Courts of inquiry may 
be instituted by the commander in chief or the commanding officer of a di- 
vision in relation to those officers for whose trial they are authorized to 
appoint court-martial for the purpose of investigating the conduct of any 
officer either upon his own solicitation or upon complaint or charge of im- 
proper conduct degrading the character of any officer, or for the purpose 
of settling rank, but no court of inquiry shall consist of more than one of- 
ficer who may, if approved by the officer ordering the court of inquiry, re- 
quire an officer to act as recorder to attend such court in taking testimony 
and in investigating any complaint that may come before such court of 
inquiry. Such court of inquiry shall, without delay, report a statement 
of facts, and, when required, an opinion thereon to the officer instituting 
such court, who may, in his discretion thereupon, appoint a court-martial 
for the trial of the officer whose conduct shall have been inquired into. 

Hist. '11, c, 72, S 71, p. 220. 

37:83. Courts-Martial: Officers. Every court-martial for the trial 
of commissioned officers and officers on the staff of the commander-in- 
chief shall be ordered by the commander in chief and shall consist of seven 
officers, any five of whom shall constitute a quorum. 

Hist. '11, c. 72, § 72, p. 220. 

37:84. General courts-martial. General courts-martial for the trial 
of enlisted men of companies and battalions which report directly to a 
division commander, shall be ordered by him, and for the trial of enlisted 
men of a brigade, shall be ordered by the brigade commander, and for the 
trials of enlisted men of units of a size less than a brigade and not at- 
tached to a brigade, by the superior officer of the organization to which 
they are attached, in each case to consist of five officers, anv three of 
whom shall constitute a quorum. 

Hist. '11, c. 72, § 73, p. 220. 

37:85. Summary courts-martial. Summary courts-martial of en- 
listed men belonging to any regiment shall be ordered by the regimental 
commander, and for the trial of enlisted men of a separate battalion by 
the battalion commander, and in each case shall consist of a field officer or 
captain in such regiment or battalion : Provided, That when a company 
is not in active service, summary courts-martial of enlisted men belonging 
to the company shall be ordered by the company commander and in each 
case shall consist of a commissioned officer in such company. Reports of 
all trials by summary courts shall be made to the adjutant general at such 
times and in such form as he may direct. 

Hist. '11, c. 72, § 74 f p. 220. 

179 



37 :86 state militia 

37:86. Unassigned courts-marital. Courts-martial for the trial of 
enlisted men belonging to unassigned companies shall be ordered by the 
superior officer to whose command they are attached, and shall consist of 
one officer of the rank of field officer or captain. 

Hist. '11, c. 72, § 75, p. 221. 

37:87. Courts-marital: Vacancies. The officer ordering a court- 
martial may at any time supply a vacancy that for any cause may happen 
therein, but the member filling such vacancy shall not sit or participate 
in the trial of a case commenced before he had qualified. 

Hist. '11, c. 72, § 76, p. 221. 

37:88. General courts-martial: Jurisdiction. The jurisdiction of 
general courts-martial shall extend to and include the trial of all offenses 
against military law, order or discipline. Their sentence may inflict one 
or more of the following punishments, namely: reprimand, forfeiture 
of whole or part of pay or allowance, fine not exceeding $100, or in default 
of payment of same for 20 days after approval, imprisonment not exceed- 
ing 30 days, imprisonment not exceeding three months, suspension of 
officers from rank, dishonorable discharge from the service of officers and 
men, and the reduction of noncommissioned officers to the ranks. 

Hist. '11, c. 72, § 77, p. 221. 

37:89. Summary and unassigned courts-martial: Jurisdiction. The 

jurisdiction of summary and unassigned courts-martial shall extend to and 
include the trial of all infractions of duty, approved company by-laws, 
and to nonattendance at drills, abuse or neglect of arms or clothing and 
other offenses against military discipline triable by like courts under the 
laws of the United States. Their sentence may inflict one or more of the 
following punishments, namely: dishonorable discharge, reduction to the 
ranks of noncommissioned officers, reprimand, forfeiture of whole or part 
of pay and allowance and a fine not exceeding $20, or, in default of pay- 
ment of the same for 20 days after the final approval, imprisonment not 
exceeding 10 days, imprisonment not exceeding one month. 

Hist. '11, c. 72, § 78, p. 221. 

37:90. Courts-martial: Extension of jurisdiction. The jurisdiction 
and procedure of all court-martial in times of war, insurrection, invasion, 
rebellion or riot, and when the troops shall be called into service of the 
United States or the active service of the state, shall be extended to the 
trial of all offenses with similar punishments as are then prescribed for 
like courts in the army of the United States. 

Hist. '11, c. 72, § 79, p. 221. 

37:91. Same: Oath of officers. The officers of very court-martial, 
and the judge advocate thereof, if any has been appointed, shall take an 
oath in the same form as that prescribed for use in the armies of the 
United States. 

list. '11* e. 72, I 80, p. 222. 

37 :92. Officers of courts-martial. The senior officer present shall be 
the president of the court and all the members of such court shall, while 
on duty, be in uniform, and the president or officer of the court may detail 
one or more marshals, whose duty it shall be to summon all delinquents 
and parties accused and subpoena all witnesses to appear before the court 
at the properly designated time and place. 

Hist. '11, c. 72, § 81, p. 222. 

37:93. Notice of trial. No officer or enlisted man under arrest shall 
be brought to trial before a general court-martial unless the officer con- 
vening the court-martial shall have ordered the same within 30 days after 

i.80 



COURTS-MARTIAL 37 :98 

such arrest, nor until 10 days after a copy of the order convening the 
court and of the charges and specifications shall have been delivered to the 
accused or left at his usual or last known place of abode. 

Hist. '11, c. 72, § 82, p. 222. 

37:94. Appeal. An appeal from the approved finding or sentence of 
the general court-martial may be made to the commander in chief within 
20 days after the decision appealed from shall have been made known to 
the person appealing, and shall operate as a stay of execution of sentence 
until the dismissal of such appeal. 

Hist. '11, c. 72, § 83, p. 222. 

37:95. Approval of commanding officer. The proceedings and sen- 
tence of every court-martial shall, without delay, be delivered to the officer 
ordering the court, who shall approve or disapprove thereof within 15 
days thereafter, and shall give notice of his approval or disapproval to 
the president or officer of such court-martial, to the arresting officer and 
to the accused, and he may, in his discretion, publish the sentence as ap- 
proved or disapproved in orders, but no part of such sentence shall be 
published or executed until after the time allowed for appeal has expired, 
and he shall also forward such proceedings and sentences, and his ap- 
proval or disapproval thereof, to the adjutant general for such disposition 
as he may deem proper. 

Hist. '11, c. 72, § 84, p. 222. 

37:96. Execution and commitment. The president of such court- 
martial, or the officer of the summary battalion or unassigned company 
court-martial, shall issue his warrant for the collection of all fines im- 
posed by said court martial to the sheriff or any constable of the county 
in which the court was held or in which the delinquent resides, whose duty 
it shall be to collect all fines provided for by this chapter in the same man- 
ner as he is authorized to collect debts on a civil process, and make his 
return to the president of the said court or to the officer of the said sum- 
mary battalion or unassigned company court-martial, or within 20 days 
certify to the said president or officer that there is no property of the de- 
fendant out which said moneys can be made; upon such return of "no 
goods," the said president or officer of the court shall issue his warrant of 
commitment of such delinquent to the proper jail of the county directed 
to such sheriff or constable who shall forthwith execute said warrant and 
make proper return of the same to the court; in case of sentence of im- 
prisonment, he shall issue his warrant of commitment in like manner. 

Hist. '11, c. 72, § 85, p. 222. 

37:97. Disposition of fines. All fines and penalties imposed and col- 
lected through the sentence of summary court shall be forwarded to the 
adjutant general and by him paid into the treasury of the state, to be placed 
to the credit of the military fund, and the neglect or refusal of any mar- 
shal, sheriff, constable or jail warden to execute any process, or to make 
proper return of all fines and penalties collected, shall be deemed a mis- 
demeanor and shall subject the offender to a prosecution by the proper 
district attorney, and to a penalty upon conviction of each offense of $100 
to the use of the state. 

Hist. '11, c. 72, § 86, p. 223. 

37:98. Arrest of accused. After return of the summons by a mar- 
shal, and certifying service of the same on the accused, and upon default 
of appearance of such accused at a time and place designated for trial, 
the president or the officer of the court shall issue his warrant for the 
arrest of the delinquent directed to the sheriff or to a constable of the 
county, who shall forthwith execute said warrant and make proper return 

181 



37:99 STATE MILITIA 

thereof to said court and produce to the said court the body of the ac- 
cused, if within said county, and retain the custody thereof until the con- 
clusion of tfye trial unless sooner discharged by the order of the court. 

Hist. '11, c. 72, § 87, p. 223. 

37:99. Subpoenas. The president or officer of every court of in- 
quiry, both before and after he has been sworn, shall issue subpoenas for all 
witnesses whose attendance at such court may, in his opinion, be neces- 
sary in behalf of the state, and also on application for all witnesses in be- 
half of the accused or person returned as delinquent. 

Hist. '11, c. 72, § 88, p. 223. 

37:100. Witnesses: Oath and attendance. The president or officer 
of every court-martial or court of inquiry shall have power to administer 
the usual oaths to witnesses and shall have the same power to compel at- 
tending witnesses to be sworn and testify and preserve order as courts of 
common law jurisdiction, and all sheriffs, jailers and constables are hereby 
required to execute any precept or process issued by such president or 
officer of the court for that purpose. 

Hist. '11, c. 72, § 89, p. 223. 

37:101. Same: Penalty for failure to appear. Every witness not ap- 
pearing in obedience to such subpoena, when duly served, and not having 
sufficient or reasonable excuse, shall forfeit to the state a sum not less than 
$10, or more than $50 for each default, and the president or officer of such 
court shall, from time to time, report to the district attorney the names 
of such delinquent witnesses, together with the names and places of 
residence of the person serving such subpoena, the better to enable him 
to prosecute for such forfeiture. 

Hist. '11, e, 72, § 90, p. 224. 

37:102. Same: Attachment to compel attendance. Whenever it 
shall appear to the satisfaction of any court-martial or court of inquiry, 
by proof made before such court, that any person duly subpoenaed to 
appear as a witness before said court shall have refused or neglected, 
without just cause, to attend as such witness in conformity to such sub- 
poena, and the party in whose behalf such witness shall have been sub- 
poenaed shall make oath that the testimony of such witness is material, 
such court or the president or officer thereof, shall have power to issue an 
attachment to compel the attendance of such witness. 

Hist. '11, c. 72, § 91, p. 224. 

37:103. Same: Execution of attachment. Every such attachment 
shall be executed in the same manner as a warrant and by the sheriff or 
constable of the county, and the fee for serving the same shall be paid by 
the person against whom the same shall have been issued, unless he shall 
show reasonable cause to the satisfaction of said court for his omission to 
attend, in which case the party requiring such attachment shall pay the 
costs. Such costs shall be ascertained by the court, which may thereupon 
issue an execution for the collection against the person liable to pay the 
same and which may be collected, as other collections are collected, by said 
sheriff or constable. 

Hist. '11, c. 72, § 92, p. 224. 

37:104. Confinement in jail. The keepers and wardens of all county 
jails are required to receive and confine all military offenders, when deliv- 
ered by such sheriff or constable under the proper certificate of the com- 
mitment of a general or summary battalion or unassigned company court- 
martial, for and during the term of sentence as set forth in said commit- 
ment. 

Hist. '11, c. 72, § 93, p. 224. 

182 



APPROPRIATION 37 1 108 

37:105. Suspension of officers. Officers under arrest shall be sus- 
pended from exercising the duties of officers, and resignations tendered 
under charges when forwarded by any commander will always be accom- 
panied by a copy of the charges, or, in the absence of written charges, by a 
report of the case for the information of the commander in chief. 

Hist. '11, c. 72, § 94, p. 224. 

37:106. Procedure in courts-martial. The forms, practice and pro- 
cedure in all courts-martial and courts of inquiry shall, except as herein 
otherwise provided, be adopted and conducted as in similar tribunals in 
the United States army, unless altered, amended, or modified, from time 
to time, by orders from the commander in chief. 

Hist. '11, c. 72, § 95, p. 224. 

37:107. Pay, mileage and fees of persons attending trial. Judge 
advocates and members of courts-martial and courts of inquiry and their 
marshals shall be allowed per diem as pay per military rank for the time 
actually employed in the duties assigned them. Transportation shall be 
furnished them, as well as to all prosecutors, prisoners, witnesses, mar- 
shals, sheriffs and constables to and from the place or places designated 
for the meetings of said court. The per diem pay of military and civilian 
witnesses shall be the same as in civil courts of law. The fees of sheriffs 
and constables for serving the process provided for in this chapter shall 
be the same as prescribed by law for similar process of a civil nature, and 
shall be paid out of the appropriation for the support of the organized 
militia. 

Hist. '11, c. 72, § 96, p. 225. 

ARTICLE 10. 
APPROPRIATION. 

37:108. Continuing and cumulative appropriation. To carry out the 
provisions of this chapter, a continuing appropriation of $25,000 per an- 
num is hereby made out of any money in the state treasury not otherwise 
appropriated, and the use and expenditure of the same sum hereby appro- 
priated shall not be limited to any particular year. 

Hist. '11, c. 72, § 101, p. 226. years 1911-1912 but was in operation after the first 

Suspended 1911-1912: The provision appropriat- Monday in J"™"*, ^J- Jeffreys v ' Huston 
ing $25,000 per annum was suspended during the U»i*J -a i. 6 it, m jr. iuoo. 






> 



183 



TITLE VI. 

CHAPTER 38. 
EDUCATION. 

Note: The school law constituted Title III of the Revised Statutes of 1887, This title was 
superseded and repealed by an act of the first session of the state legislature ('90-91, p. 131), 
which in turn was repealed by '93, p. 187, reenacted '99, p. 85, which formed the basis of R. C. 
§S 558-671. The legislature by '09, p. 219, H. B. 29, created a school law commission, the result 
of whose labors appeared in the adoption by the next legislature of a complete new educational 
code, '11, c. 159, p. 483. This code reenacted much of the old law, but many changes were 
made. This code forms the basis of the present law. The session of 1911 also submitted an 
amendment of Const. IX, 2, '11, p. 791, H. J. R. 30, providing for a state board of education 
which amendment carried at the succeeding election, '13, p. 677, amendment IX. The next 
legislature made it effective by the passage of '13, c. 77, p. 328, which act appears as article 1 
below. 

ARTICLE 1. 

STATE BOARD OF EDUCATION. 

Note: The powers given the state boards of education in Montana (R. C. Sup. '15, §§ 642- 
786) and Oklahoma ('11, c. 47, p. 120) are similar to those of the Idaho state board of educa- 
tion in the administration of the higher institutions of learning, standard of requirement for 
entrance to high schools, arrangement of courses of study, supervision of teachers' institutes, 
certification of teachers, and presentation of budgets to the legislature for appropriations for 
the state institutions ; except that Montana does not make provision for supervision of grade 
schools by its board of education. 

38:1. Creation of Board. For the general supervision, government 
and control of all state educational institutions of this state, to wit : Uni- 
versity of Idaho, Lewiston state normal school, Albion state normal school, 
Idaho technical institute, the industrial training school and state school for 
the deaf and the blind, and for the general supervision, government and 
control of any other such state educational institutions, as may now or 
hereafter be founded, and, further, for the general supervision, govern- 
ment and control of the public schools of the state, a state board of edu- 
cation, which shall also constitute the board of regents of the university 
of Idaho, is hereby created and established, to be known as the state 
board of education and board of regents of the university of Idaho. 

Hist. '13, c. 77, § 1, p. 328 ; "academy of Idaho" cessor to the former board of regents of the uni- 

changed to "Idaho technical institute." versity, has the power and authority to defend an 

Cross ref. Board established by Const. IX, 2, as action previously instituted against the latter for 

n mended a Preexisting obligation. First. Nat. Bk. of Mos- 

' _ , . row v. Regents of University (1914) 26 I. 15, 140 

Successor: The state board of education, as sue- p --^ 

38:2. Membership: Appointment: Qualifications. The state board 
of education and board of regents of the university of Idaho shall consist 
of five appointive members and, in addition thereto the state superintend- 
ent shall be ex officio member of such board. The governor of Idaho shall 
annually on the first Monday of April appoint one member of said board 
to serve for a period of five years. The governor shall fill, by appointment, 
all vacancies which may occur on the board, such appointment to be made 
within 30 days after such vacancy occurs, and to be for the unexpired term 
of the retiring member: Provided, That all such members of said board 
shall be appointed solely upon consideration of their ability to efficiently 
serve the interests of the people and of education in this state, without ref- 
erence to locality, to occupation, to party affiliation or to religion : Provided 
further, That any member so appointed shall not heretofore have been con- 
nected with any of the state educational institutions of this state, either as 
regent, member of board, instructor or student, and shall have been a 
qualified elector, and taxpayer in this state for at least three years prior 
to the date of his appointment. Said members of said board, appointed as 

134 



STATE BOARD 38:8 

above provided, shall qualify for office and assume their duties in accord- 
ance with existing laws governing similar appointments to and qualifica- 
tions for office on other state boards of this state. 

Hist. '13, c. 77, § 2, p. 328 ; provision for ap- 
pointment of first board omitted. 

38 :3. Successor to former boards : Office. The state board of edu- 
cation and board of regents of the university of Idaho is the successor to 
the board of regents of the university of Idaho and the boards of trustees 
of the other state educational institutions enumerated in section 1 of this 
chapter, as the same heretofore existed, and is invested with all duties, 
rights, powers and immunities heretofore granted said boards, together 
with all property, deeds, records, reports and appurtenances of any and 
all kinds held by them. Said board shall have and maintain its office at 
the state capitol. 

Hist. Based upon '13, c. 77, § 3, p. 329. While ouestion was suggested but not passed upon in 

the statute abolished the old boards, it expressly First Nat. Bk. of Moscow v. Regents of University 

transferred their powers to the new. To what ex- (1914) 26 I. 15, 140 P. 771. A study of the cases 

tent this carried the several corporate entities and cited to §§ 488 and 519 will show the difficulties 

powers has not been determined by the courts. The involved. 

38.4. Removal of members: Cause. The governor of Idaho is em- 
powered to remove from membership on said board of education and board 
of regents of the university of Idaho, any member who shall have proven 
himself to be guilty of gross immorality, malfeasance in office, or incom- 
petency; but no removal for personal or political reasons shall be valid 
without the concurrence of at least two-thirds of the members of the senate 
of this state. 

Hist. '13, c. 77, § 4, p. 329. 

38:5. Meetings. Said board of education and board of regents of 
the university of Idaho shall hold two regular meetings annually at such 
time and place as may be directed by said board, but special meetings may 
be called at any time and at a place designated in such call by the president. 

Hist. '13, c. 77, first part of § 5, p. 330. 

38:6. Expenses and honorarium of members. The members of said 
board shall be paid all necessary personal and traveling expenses in carry- 
ing out the provisions of this chapter, and shall also be entitled to receive 
an honorarium of #100 per year. Said remuneration shall be allowed and 
paid in accordance with law and from any funds appropriated by the leg- 
islature for the maintenance of said board. 

Hist. '13, c. 77, last part of § 5, p. 330. 

38:7. Special powers and duties of board. In addition to the pow- 
ers and duties provided in section 3 of this chapter, the state board of 
education and board of regents of the university of Idaho shall have the 
following special duties, powers and responsibilities : 

Hist. '13, c. 77, § 6, p. 330. 

38:8. Appointment of commissioner. It shall have power and it 
shall be its duty to appoint, for such term and at such salary as it mayi 
designate, a commissioner of education, and, upon recommendation of said 
commissioner of education may appoint such other specialists, assistants, 
clerks or other executive officers or employees as in its judgment the execu- 
tion of the work of the board may demand, and fix the salaries of the same. 
Said commissioner of education shall be chosen upon merit and because 
of his special fitness to propose and execute beneficial educational policies 
for the general supervision, government and control of the state educa- 
tional institutions and public schools of this state. The state board ol 
education and board of regents of the university of Idaho shall have power, 
upon a two-thirds vote of its membership, to dismiss the commissioner 
of education for cause as defined in section 4 of this chapter. 

Hist. '13, c. 77, § 6, subd. 1, p. 330. 

185 



38:9 EDUCATION 

38:9. Rules and regulations. It shall have power to make rules and 
regulations for its own government and for the government of its execu- 
tive officers. It shall assign them their functions and duties, direct them 
Jais to their work and be free to change such assignments and directions to 
meet the necessities of the work under their direction. 

Hist. '13, c. 77, § 6, subd. 2, p. 330. 

38:10. Supervisory powers. It shall determine the policy, direct the 
work to be undertaken and appropriate from its funds the money neces- 
sary to carry out such work. 

Hist. '13, c. 77, § 6, first part of subd. 3, p. 330. 

38:11. Appellate body; legislative body. It shall constitute a final 
court of appeal in all educational controversies, shall perform legislative 
functions not inconsistent with law and shall delegate to its executive offi- 
cers the execution of all policies decided upon. 

Hist. ' 13, c. 77, § 6, part of subd. 3, p. 330. 

38:12. Budget. It shall prepare a budget of necessary expenditures 
for the proper maintenance of the department and the carrying on of the 
necessary investigations and present the same to the legislature for its 
approval and shall have control of all moneys so appropriated. 

Hist. '13, c. 77, § 6, last part of subd. 3, p. 331. report and budget of state institutions and depart- 
Cross ref. Institutional budget : 38:18. Financial ments: §§281c-f. 

38:13. Delegation of discretion to experts. In all matters which 
involve a new policy and new methods of procedure, the experts shall re- 
port back to the board for instructions; but, once having given these in- 
structions, the execution of them shall be left to the experts whom the 
board employs. 

Hist. '13, c. 77, § 6, subd. 4, p. 331. 

38:14. Executive officers: Powers and duties. Acting through its 
own executive officers, the state board of education and the board of re- 
gents of the university of Idaho shall : 

Hist. '13, c. 77, § 7, p. 331. 

38:15. In general. Perform all duties prescribed by the state school 
laws of this state, not inconsistent with the provisions of this chapter. 

Hist. '13, c. 77, § 7, first part of subd. 1, p. 331. 

38:16. General supervision of schools. Exercise supervision and 
inspection over all departments of public education supported in whole or 
in part by state funds of this state, enforce the school laws of the state. 

Hist. '13, c. 77, § 7, part of subd. 1, p. 331. 

38:17. Recommendations to legislature. Study the educational con- 
ditions and needs of the state ; and approve all proposed changes or addi- 
tions to existing school laws and recommend to the legislature all such 
needed changes in existing laws or additional legislation. 

Hist. '13, c. 77, § 7, last part of subd. 1, p. 331. 

38:18. To prepare budget for legislature. It shall, prior to *each 
meeting of the state legislature and in ample time for due consideration 
by said legislature, prepare a financial budget setting forth the financial 
needs of all state educational institutions under its supervision and con- 
trol for the period for which appropriations are to be made. 

Hist. '13, c. 77, § 7, first part of subd. 2, p. 331. cial report and budget of state institutions: §§ 
Cross ref. Departmental budget: 38:12. Finan- 281c-f. 

38:19. Supervision of school expenditures. It shall supervise, di- 
rect and control all expenditures of funds appropriated for the mainte- 
nance and improvement of state educational institutions as designated in 
section 1 of this chapter. 

Hist. '13, c. 77, § 7, part of subd. 2, p. 331. 

18S 



STATE BOARD 38 .27 

38:20. Supervision of buildings and constructions. It shall super- 
vise, direct and control all plans and specifications for such improvements, 
including construction or alteration of buildings, equipment, fixtures, ap- 
paratus and supplies, and through its proper executive officers superin- 
tend the construction work connected with such improvements. 

Hist. '13, c. 77, § 7, last part of subd. 2, p. 331. 

38:21. Course of study. Prepare or cause to be prepared a course 
of study for the public schools of the state and to prescribe the use that 
shall be made of the same ; to prescribe the minimum course of study for 
the public schools of the state. 

The state course of study for the elementary schools shall be so drawn 
that the fundamentals of said course may be covered in the minimum legal 
school term of seven months, and that additional advanced and supple- 
mentary matter shall be provided for schools having longer terms : Pro- 
vided, That in place of such additional matter pupils who take the shorter 
term may receive an equivalent amount of credit for work done in the 
home, on the farm, and in other phases of practical and economic life. 

Hist. '13, c. 115, first part of § 1, p. 434 ('11, c. Cross ref. Eighth grade examinations to be pre- 

159, § 9, p. 488), '13, c. 77, §7, part of subd. 3, p. rared by state board of education: 38:303. 
031, and '17, c. 129, § 1, p. 436. 

38:22. Vocational training. Encourage and promote agricultural 
education, manual training, domestic science, and such other vocational 
and practical education as the needs of this state may from time to time 
require. 

Hist. '11, c. 159, § 6, p. 487. 

38 :23. Supervision of courses of study in state institutions. It shall 
classify, standardize and define the limits of all instruction in the state 
educational institutions of the state and promote the efficiency, harmonize 
the educational interests and, so far as practicable, prevent wasteful dupli- 
cation of effort in such institutions. 

Hist. '13, c. 77, § 7, first part of subd. 3, p. 331. 

38 :24. Supervision of text books. It shall determine how and under 
what regulations text books shall be adopted for the use of such schools ; 
determine whether or not text books shall be free and prescribe the regu- 
lations under which such text books may be provided. The state board 
of education shall have and is hereby given power to adopt such plans, 
rules and regulations for the adoption of state text books as to the board 
may seem best and proper. 

Hist. '13, c. 77, § 7, last part of subd. 3, p. 331, Free text books. No provision requires the fur- 

and '13, c. 115, last part of § 1, p. 434; '11, c. 159, nishing of free text books and district may decide at 
s 9 p 488 neeting whether or not free text books shall be fur- 

nished. O. A. G. '15-16, p. 37. 

38:25. Supervision of superintendents. To have generil supervi- 
sion of the work of the county and city superintendents'. 

Hist. '11, c. 159, § 8, p. 488. 

38:26. Supervision of summer normal schools and institutes. It 

shall supervise, govern and direct the work of the state summer normal 
schools and teachers' institutes ; decide as to the number and location of 
such schools and teachers' institutes; establish or approve professional 
schools in accordance with law and determine the credit which may be 
granted for all work done in such schools. 

Hist. '13, c. 77, § 7, subd. 4, p. 332. 

38:27. Institutes: County and joint. To prescribe rules and regula- 
tions for the holding of teachers' county and joint county institutes, such 
institutes being convened as provided by this chapter at such times and 

187 



38 :28 EDUCATION 

places as shall be determined by the county superintendents of the re- 
spective counties. 

Hist. '11, c. 159, § 14, p. 489. 

Cross ref. County superintendent to organize 
teachers' meetings: 38:53. To hold institutes: 

38:177. 

38:28. Certification of teachers. Shall have entire supervision and 
control of the certification of teachers in accordance with law and shall 
have authority to modify or simplify at its discretion the procedure in 
carrying out the provisions of law. 

Hist. '13, c. 77, § 7, subd. 5, p. 332. 

38:29. Teachers' examinations: Preparation of questions. To 

prepare or cause to be prepared examination questions for all classes of 
teachers' certificates requiring written examinations. 

Hist. '11, c. 159, § 10, p. 488. 

38:30. Examining board. Appoint a sufficient number of compe- 
tent examiners to read and grade the papers of all applicants for all classes 
of certificates, and to pay such examiners for such services a sum not to 
exceed $5 per diem, together with actual mileage and expenses for all 
time spent upon examining papers and for all time necessarily consumed 
en route to and from the place where the grading is done. Said payments 
to be made out of the funds of the state board of education. 

Hist. '11, c. 159, § 11, p. 488. 

Cross ref. Time and place of examinations: 
38:144. Funds for defraying examination ex- 
penses: 38:160. 

38:31. Record of examinations. Keep a record of the grades made 
by all persons taking examinations, to preserve all examination papers for 
90 days, and to keep a record of all certificates granted or revoked, show- 
ing to whom issued, age of grantee, date of issue, grade and duration of 
each certificate, and, if revoked, the date and reason therefor. 

Hist. '11, c. 159, § 12, p. 488. 

Cross ref. Record of certificates and grades : 
38:162-3. 

38:32. Report on results. Report to the county superintendents on 
the grades of each and every applicant for county certificates from the 
respective counties throughout the state, such reports to constitute the 
authority for the issuance of such county teachers' certificates as are pro- 
vided by law. 

Hist. '11, c. 159, § 13, p. 488. 

38:33. Supervision of state library commission. Supervise, govern 
and direct the state library commission and adopt such regulations for 
its administration as may contribute to its efficiency in the service of the 
people and in promoting the educational welfare of the state. 

Hist. '13, c. 77, § 7, subd. 6, p. 332. 

Cross ref. State library commission : 38 :288-90. 

38:34. Conservation of health. In cooperation with other depart- 
ments of the state government, the board shall see to it that the rules re- 
lating to schools, health, compulsory education, child labor and child con- 
servation are enforced, and, in addition, shall plan an active campaign for 
the public conservation of childhood. 

Hist. '13, c. 77, § 7, subd. 7, p. 332. 

38:35. Sanitary supervision. In cooperation with the state board 
of health, shall standardize sanitary appliances, school furniture, school 
equipment and supplies and school buildings ; shall provide for an efficient 
system of health supervision, medical inspection and physical develop- 
ment work in all public schools, and prepare and adopt such rules and 
regulations as will provide for the effective administration of such sys- 

1^8 



STATE SUPERINTENDENT 38 :40 

tern. It shall, if deemed advisable, set aside such school funds as may be 
found necessary to properly administer such system. 

Hist. *13, c. 77, § 7, subd. 8, p. 332. 

38:36. Reports of schools. It shall standardize, approve or com- 
pile and adopt for use in all state institutions and public schools of the 
state, a system of reports covering all essential phases of administration 
of such educational work and shall enforce the use of such adopted forms 
for reports. 

Hist. '13, c. 77, § 7, subd. 9, p. 332. 

38:37. Publication of reports and statistical tables. At such times 
as may be deemed advisable, and consistent with its financial ability so 
to do, it shall prepare and order published such reports, including statis- 
tical tables, as may constitute a contribution to the general educational 
welfare of the state, and shall provide for the distribution of the same. 

Hist. '13, c. 77, § 7, subd. 10, p. 332. 

38:38. Annual report of state board of education: Recommenda- 
tions. The president and secretary of said state board of education and 
board of regents of the university of Idaho shall, on the first day of Janu- 
ary of each year, transmit to the governor of the state, and to the legis- 
lature at its regular session, a report of the doings of said board, setting 
forth a full report of the expenditures of the same for the previous year, 
giving each item in full, and the date thereof, and such recommendations 
as they deem proper for the good of the state educational institutions and 
public schools of the state. 

Hist. '13, c. 77, S 8, p. 332. 

38:39. Prepare course of study for inmates of penitentiary. The 

state board of education shall have prepared courses of study for all grades 
and make provision for the giving of university extension courses to all 
prisoners held under the jurisdiction of the warden of the Idaho state peni- 
tentiary, and the state board of prison commissioners shall make neces- 
sary arrangements for putting into effect all provisions for the education 
of such persons as are prisoners of the state and held under the jurisdic- 
tion of said warden. 

Hist. '17, c. 106, § 2, p. 385. 

ARTICLE 2. 
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

38 :40. Election, qualifications, oath and bond. There shall be elect- 
ed biennially, by the qualified electors of the state, a state superintendent 
of public instruction, who shall reside at the seat of government, and shall 
perform such duties as are prescribed by the constitution and laws of the 
state. No person shall be a candidate for the office of state superintendent 
who does not hold a valid state or state life certificate, and who is not at 
the time of nomination a graduate of an approved normal school, college, 
or university as determined by the state board of education, and is also 
actively engaged in educational work in the state public schools or in the 
state educational institutions. Before entering upon the duties of his 
office, the state superintendent of public instruction shall take and sub- 
scribe to the oath prescribed by the constitution, and execute a bond in 
the penal sum of $2000, payable to the state of Idaho, with sureties to 
be approved bv the governor, conditioned upon the faithful performance 
of his official duties, and the delivery to his successor of all books, papers, 
documents or other property belonging to the office. Said bond and oath 
shall be deposited with the secretary of state. 

Hist. '13, c. 115, § 2, p. 435; '93, p. 187, § 6, 
reenacted '99, p. 85, § 6, modified by Const. IV, 1 ; 
R. C * 565; "11, c. 159, § 19, p. 489. 

189 



38 :41 EDUCATION 

38:41. Office; duties; seal. He shall have an office at the capital, 
where a seal shall be kept which shall be the official seal of the state board 
of education by which all official acts may be authenticated, and all records, 
books and papers pertaining to the business of this office. He shall file 
all papers, reports and public documents transmitted to him by the county 
superintendents of the several counties, and hold the same in readiness 
to be exhibited to the governor, or to any committee of any house of the 
legislature, or to any citizen of the state. 

Hist. '11, c. 159, § 20, p. 490; '93, p. 187, § 7, Cross ref. Term of office and residence: Const, 

reenacted '99, p. 85, § 7 ; R. C. § 566. TV, 1. Salary: S 274. 

38 :42. Meetings with superintendents. He shall summon the county 
superintendents, or the city superintendents and district principals of 
graded schools, of each judicial district, or of two or more districts com- 
bined, to meet jointly or separately at such time and place as he shall 
appoint, giving them due notice of such meeting. The object of such 
meetings shall be to discuss school organization, school supervision, and 
such other matters as may properly come before such meetings. 

The term "district principal" means the head teacher of a graded 
school of four or more teachers, but smaller than a class A independent 
district school, whether such school be maintained under article IV or 
under article XI of this chapter. 

Hist. '11, c. 159, § 21, p. 490; '93, p. 1S7, § 11, county superintendents in attending meetings called 

reenacted '99, p. 85, § 11 ; R. C 570. by state superintendent under this section. O. A. 

County to pay expenses: The board of county G - to Ethel E - Redfield, 6-2-17. 
commissioners may legally pay the expenses of 

38:43. Duties in general: Executive officer state board of educa- 
tion. He shall be ex officio a member of the state board of education and 
board of regents of the university of Idaho and an executive officer there- 
of. As such executive officer he shall enforce their rules and regulations, 
and see that all matters requiring the decision of the board are promptly 
placed before them for decision, and shall faithfully execute the duties 
devolving upon said board through him as their executive officer. 

Hist. '11, c. 159, § 22. subd. (a), p. 490, as modi- Cross ref. For other duties see index under 

fied by '13, c. 77. S 2, p. 328. "State superintendent of public instruction." 

38:44. Same: Printing of supplies and laws. He shall prepare, 
have printed and furnished, through the county superintendents, to all 
officers charged with the administration of the laws relating to the public 
schools, and to teachers, such blank forms and books as are needed or 
required to be used in the discharge of their duties. He shall have the 
law relating to the public schools printed in pamphlet form and shall 
supply school officers, school libraries and state libraries with one copy 
each of said pamphlets ; said printing to be paid for on warrant of the 
auditor out of the general fund, on bills approved by the state board of 
examiners. 

Hist. '11, c. 159, § 22, subd. (b), p. 490. 

38:45. Same: Financial report on schools; recommendations. He 

shall, on or before the first day of December in every year preceding a 
regular session of the legislature, report to the governor the condition of 
the public schools, the amount of the state school fund apportioned and 
sources from which derived, with such suggestions and recommendations 
relating to the affairs of his office as he may think proper. 

Hist. '11, 159, § 22, sub. (c), p. 491. 

38:46. Same: Inspection of schools; correspondence with other 
states. It shall be his duty to visit annually such counties of the state as 
most need his personal attention, and all counties if practicable, for the 
purpose of inspecting the schools and awakening and guiding public senti- 
ment in relation to the practical interests of education. He shall open 

199 



COUNTY SUPERINTENDENT 38:50 

such correspondence as may enable him to obtain all necessary informa- 
tion relating to the system of public education in other states. 

Hist. '11, c. 159, § 22, subd. (d), p. 491. 

38:47. Expenses of state superintendent. All office, fuel, furni- 
ture, books, postage, stationery and other contingent expenses pertaining 
to his office, shall be furnished in the same manner as those of other de- 
partments of the state government. 

Hist. '11, c. 159, § 22, subd. (e), p. 491. 

ARTICLE 3. 

COUNTY SUPERINTENDENT. 

Note: This article is based upon '11, c. 159, art. IV, p. 496, which was a substantial reenact- 
ment of R. C. SS 584-600, the basis of which was '97, p. 79, S. B. 9. The latter was enacted to 
meet the requirements of the amendment to Const. XVIII, 6, ratified November 3, 1896, which 
segregated the offices of county superintendent and probate judge, which had theretofore been 
filled by the same person. In other respects the '97 law followed in a genesal way the school 
law of 1893 ('93, p. 131, §§ 10-18). 

38:48. Election; residence; term of office. There shall be elected in 
each county in the state of Idaho, at the general election, a superintendent 
of public instruction, who shall reside at the county seat of the county 
in which he is elected, and who shall hold his office for a term of two 
years, from and after his taking charge of the same, and until his suc- 
cessor has been elected and qualified. 

Hist._ R. C. S 584, reenacted '11, c. 159, § 35, p. $2000 per annum, the definite sum to be fixed by 

496 ; '97, p. 79, § 1, reenacted '99, p. 306, § 1. county commissioners at regular meeting in April 

Cross ref. Creation of office: Const. XVIII, 6. next preceding general election. When so fixed, 

Salary: § 2118. the salary is not changeable during the tenure of 

a - " a . ' £ . . , , . - , office. O. A. G. to Harriet M. Wilson, 4-7-17. 

Salary: Salary of county superintendent is fixed 

by statute at not less than §1000 nor more than 

38:49. Oath; bond; qualifications. Before entering upon the duties 
of his office, the county superintendent of public instruction shall take and 
subscribe the oath prescribed by law, and execute a bond, payable to the 
state of Idaho, with two or more sureties to be approved by the board of 
county commissioners, in the penal sum of not less than $2000, conditioned 
upon the faithful performance of his official duties, and the delivery of 
all moneys and property received by him as such superintendent to his 
successor in office, which official bond, together with his official oath, shall 
be filed in the office of the county recorder, not later than the second Mon- 
day in January, next after election: Provided, That no person shall be 
eligible to the office of county superintendent of public instruction unless 
he be, at the time of his nomination or appointment a qualified elector of 
the county from which he is nominated or appointed, of the age of 25 
years, a holder of a state or state life certificate, a teacher of not less than 
two years' actual experience and service as a teacher in the schools of 
Idaho, one of which years' experience must have been while holding a valid 
certificate of a grade not lower than a state certificate ; all of which afore- 
said qualifications must be in force at the time of nomination or appoint- 
ment. 

Hist. '13, c. 115, § 3, p. 435; '97, p. 79, § 2, re- moved at the time he is inducted into office, such 

enacted '99, p. 306, § 2 ; '03, p. 284, § 2 ; R. C § person is eligible to the office of county superin- 

585; '11, c. 159, § 36, p. 496. tendent of public instruction. Bradfield v. Avery 

Cross ref. State and state life certificates: (J909) 16 I. 769, 102 P. 687, 23 L. R. A. (N. S.) 

3K:145 et seq. 1 "* 8 " 

Eligibility; time for application: The provisions . Edibility; certificate: Certificate issued by ooun- 

of this section relate to the time the person so ty superintendent valid for hree years is lower 

,,,..,,,.. a* . ... „, .. „^„ irrade than a state certificate within meaning oi 

elected "inducted into office. Although the person f describing qualifications of county superin- 

so elected does not possess such qualification at tende ^ t p v * K ' adIetz (1917) 30 L (;98> 167 P . 

the time of election, if the disqualification is re- , , , , 

1161. 

38:50. Duties: Supervision of schools. The county superintendent 
of public instruction shall have charge and supervision of the public 
schools of his county with the exception of class A independent school 
districts, and it shall be his duty to visit the other public schools in the 
county at least once during each school year, and remain at said public 

191 



o 



8:51 EDUCATION 



school at least one-half day ; at such visits, he shall carefully observe the 
methods employed by the teacher in giving instruction in the several 
branches taught ; the manner of discipline and government ; the classifica- 
tion of the pupils, and general management of the school, and shall give 
the school such instruction and encouragement as he deems for the best 
interests of all concerned ; and he shall make such suggestions > to the 
teacher in private as, in his judgment, will render the said teacher more 
efficient and promote the general educational interests of the district. 

Hist. '11, c. 159, § 37, subd. (a), p. 497, re- Cross ref. For other duties see index under 

enacted '17, c. 120, p. 407 ; '97, p. 79, § 3, reenacted "County superintendent." 
'99, p. 306, § 3; R. C. § 586. 

38:51. Same: Sanitary conditions. He shall also observe, and 
make examination into, the sanitary conditions of school building and 
grounds, and if in his opinion said sanitary conditions should be improved, 
he shall so report to the county board of health, whereupon the said 
county board of health shall order its health officer to make an examina- 
tion into such conditions. 

Hist. '17, c. 120, p. 407. 

38:52. Same: Supervision by state board of education. He shall 
perform such other supervisory duties as shall be directed by the state 
board of education. 

Hist. '11, c. 159, « 37, subd. (b), p. 497, re- 
enacted '17, c. 120, p. 407. 

38:53. Same: Teachers' meetings. It shall be his further duty to 
organize a meeting of the teachers of the schools under his supervision, 
for the purpose of exchanging ideas of professional interest, for the study 
of methods, and for general culture. 

Hist. '11, c. 159, § 37, subd. (c), p. 497, re- Cross ref. Supervision of teachers' institutes by 

enacted '17, c. 120, p. 407; '03, p. 284, last para- state board : 38:27. Holding of institutes: 38:177. 
graph of § 2 ; R. C. § 586. 

38:54. Same: Office days. The county superintendent shall desig- 
nate at least five days in the month when he may be found in his office. 

Hist. '11, c. 159, S 37, subd. (d), p. 497, re- 
enacted '17, c. 120, p. 407 ; based on R. C. S 587. 

38:55. Same: Assistants: Office hours. The county superintend- 
ent shall be empowered to employ such assistant or assistants as the work 
of his office may require, said assistant or assistants shall receive such 
remuneration as may be fixed by the board of county commissioners, which 
remuneration shall be paid quarterly in the same manner as the salaries 
of county officers are paid. The county superintendent shall keep his office 
open from 9 o'clock a. m. until 5 o'clock p. m. each week day. 

Hist. '11, c. 159, § 37e, p. 497, reenacted '17, c. Retaining assistant: There is no law that re- 

120, p. 407. quires a school superintendent to keep an assistant 

Cross ref. Power to appoint deputies: Const. unless he desires one. O. A. G. '11-12, p. 85. 
XVIII, 6. 

38:56. Office supplies. The county commissioners shall furnish the 
county superintendent of public instruction with an office in the county 
seat, shall furnish him with all necessary office furniture, including seal, 
blank books, stationery, postage, expressage, all blanks necessary for his 
office, and all blank books and blanks necessary for the use of the trustees 
and teachers in the discharge of their respective official duties within his 
county: Provided, That the forms used for all such blank books and 
records shall be such as are prescribed by the state board of education. 

Hi-t. '11, c. 159, § 38, p. 498 ; '97, p. 79, § 4, intendent is authorized to incur expenses for sup- 

reenacted '99, p. 306, § 4 ; R. C. 587. plies for superintendent. O. A. G. to Harriet M. 

Supplies furnished by commissioners: The board Wilson, 4-*-l/. 
of county commissioners and not the county super- 

38 :57. Supervision of buildings. He shall have power to require the 
trustees in any district to conform to the rules and regulations prescribed 

192 



COUNTY SUPERINTENDENT 38:63 

by the state board of education providing for the erection, equipment, 
sanitation and care of public school property: Provided, That there is 
a sufficient amount of money in the treasury to the credit of the district 
to put into effect the requirements of this section. 

Hist. '11, c. 159, S 39, p. 498; based upon R. C. 
§ 588. 

38:58. Records: Instructions of state board of education. He 

shall keep a complete record of all his official acts; preserve all blanks, 
maps, charts and apparatus sent him as such officer, and file all papers, 
reports and statements from teachers and school boards; keep a register 
of all teachers employed in his county, giving name of teacher, number 
of district, salary per month, grade of certificate, and date of superin- 
tendent's visit. He shall obey the legal instruction of the state board of 
education. 

Hist. '11, c. 159, § 40, p. 498; '97, p. 79, $ 6, 
reenacted '99, p. 306, S 6 ; R. C. $ 589. 

38:59. Teachers' examinations; permits. He shall hold four regu- 
lar examinations in each year as provided in section 144 of this chapter 
for the purpose of examining all persons who may offer themselves as 
teachers in the public schools. It shall be the duty of the county superin- 
tendent to give at least 15 days' notice before all regular public examina- 
tions in some newspaper publisned in the county. He shall have authority 
to issue permits in accordance with the provisions of this chapter. 

Hist. '11, c. 159, § 41, p. 498; based upon R. C. 
§ 590. 

38:60. Expense of examinations. The county superintendents shall 
be allowed all necessary expenses incurred in holding examinations for 
teachers and eighth grade pupils, for blanks, books, stationery, pens, ink, 
and for assistance in grading eighth grade examination papers, such as- 
sistants not to exceed two in number, who shall receive as compensation 
$4 per day, such expense to be paid out of the current expense fund of 
the county. 

Hist. '11, c. 159, § 42, p. 498; '97, p. 79, § 14, provision of law making expenses incurred by the 

reenacted '99, p. 306, £ 14 ; '07, p. 323, § 1 ; R. C. county superintendent in procuring assistance at 

S 599 ; '09, p. 273, S. B. 31. county teachers' examinations a charge upon the 

Expenses in teachers' examinations: There is no county. O. A. G. 05-06, p. 62. 

38:61. Annual report. He shall, on or before the first day of Octo- 
ber in each year, make and transmit an annual report to the state super- 
intendent for the fiscal year ending June 30, next preceding, which report 
shall contain an abstract of all reports made to him by the district clerks 
of the several districts of the county, together with such statistics, items 
and statements, relative to the schools of the county, as may be required 
and prescribed by the state superintendent. Such reports shall be made 
upon and conform to the blanks furnished by the state board of education 
for that purpose. 

Hist. '11, c. 159, S 43a, p. 499; '97, p. 79, * 12, 
reenacted '99, p. 306, § 12 ; R. C. § 597. 

38:62. Failure to make annual report: Penalty. If the county 
superintendent fails to make a full and correct report to the state superin- 
tendent of public instruction of all statements required by law to be made, 
he forfeits the sum of $100 from any moneys due him from the county, 
and the board of county commissioners are hereby authorized and re- 
quired to deduct therefrom the sum aforesaid upon information from the 
state superintendent of public instruction that such reports have not been 
made. 

Hist. R. C. S 600, reenacted '11, c. 159, S 45, p. 
499; '97, p. 79, § 16, reenacted '99, p. 306, $ 16. 

38:63. District boundaries. He shall require and ascertain whether 
the boundaries of the school districts in his county are definitely and 

193 

Pol-7 



38 :64 EDUCATION 

plainly described in the records of the clerk of the board of county com- 
missioners, and keep in his office a full and correct transcript of such 
boundaries. In case the boundaries of districts are conflicting or incor- 
rectly described, he shall report such fact to the board of county commis- 
sioners at their regular meeting in July, and such board shall immediately 
take such steps as are necessary to change, harmonize, and clearly, define 
them. The county superintendent, if he deem it necessary for the guid- 
ance of school census marshals, may order the description of the district 
boundaries printed in pamphlet form, to be paid out of the current expense 
fund of the county. 

Hist. '11, c. 159, § 43b, p. 499; '97, p. 79, § 12, 
reenacted '99, p. 306, S 12 ; R. C. § 597. 

38:64. Appointment of trustees. The county superintendent shall 
appoint trustees for all newly organized school districts, who shall serve 
until the next regular election, and shall fill all vacancies that may occur 
in the board of trustees of a district by reason of death, resignation or 
otherwise, and such appointment shall hold until the next regular election. 

Hist. R. C. § 598, reenacted '11, c. 159, § 44, p. ent to appoint trustees for the new districts. Should 

499 : '97, p. 79, § 13, reenacted '99, p. 306, § 13. any of the trustees previously elected reside within 

Cross ref. Election of trustees: 38:78. a district newly created, his omce becomes vacant. 

_ T ,. . . . , ,, , , ., and it will be the duty of the county superintendent 

I\ew districts: At the beginning of the next tc fil , such vacancy by appointment from the resi- 

school year, the new districts become bodies cor- dents of the then distri ct. O. A. G. '11-12, p. 47. 
porate, and are ready for organization, at which 
time it will be the duty of the county superintend- 

ARTICLE 4. 

SCHOOL DISTRICTS. 

Note: This chapter classifies school districts as school districts, as provided in this article, 
and independent school districts, as provided in art. 11, and it was the intention of the legisla- 
ture to provide separately and distinctly for each in the respective articles. Wood v. Ind. Sch. 
Dist. No. 2 (1912) 21 I. 734, 124 P. 780; Carlson v. Mullen (1917) 29 I. 795, 162 P. 332. 

38:65. School districts: Corporate name. Each regularly organ- 
ized school district in this state is hereby declared to be a body corporate 

by the name and style of "School district number .., in the county 

of. , state of Idaho" ; and in that name the trustees may sue and be 

sued, hold and convey property for the use and benefit of such district, 
and make contracts the same as municipal corporations in this state. 

Hist. R. C § 614, reenacted '11, c. 159, § 46, p. New districts: Until districts are organized and 

500 ; '93, p. 187, S 34, reenacted '99, p. 85, § 34. trustees appointed they cannot hold elections, vote 

See Fenton v. Comrs. Ada Co. (1911) 20 I. 392, bonds or levy taxes, for the reason that they are 

119 P. 41. not legally corporate bodies authorized by law to 

Cross ref. Corporate existence 38:127. transact business. O. A. G. '11-12, p. 47. 

Sufficiency of contract: A contract between a Not municipal corporation: A school district is 

teacher and a school district held to comply with ™>} » ^""i 1 ?* 1 ^°^ p0 o«o 10n ,'in ^ ?? ^ Comrs. 

this section. Ewin v. Ind. Sch. Dist. No. 8 (1904) A ? a Co. (1911) 20 I. 392, 119 P. 41 ; Barton v. 

10 I. 102, 77 P. 222. Alexander (1915) 27 I. 286, 148 P. 471. 

38:66. Creation and change of districts: Petition. The board of 
county commissioners may, at any regular meeting of said board, create 
new districts, or change the boundaries of existing districts, or attach to 
one or more districts the territory of any district which shall have lapsed 
for any reason. All proceedings under this section shall be commenced by 
petition, which must be filed in the office of the county superintendent at 
least 20 days preceding the meeting of the board of commissioners at which 
it is to be presented. ' All petitions, either for the formation of a new dis- 
trict or any other change of boundaries, shall set forth in general terms 
the proposed changes and shall be accompanied by, and refer to, a map 
showing all existing boundaries of districts affected and all proposed new 
boundaries which will be established by the granting of such petition. 

Hist. '13, c. 119, § 1, subd. 47 (a), p. 462; '93, Crocs ref. As to apportionment of funds and 

p. 187, § 35 ; '95, p. 156, S 1, reenacted '99, p. 85, liabilities, exclusive of bonded indebtedness, as be- 

S 35 ; '01, p. 217, § 5 ; '05, p. 218, § 1 ; '07, p. 16, tween two or more districts affected by division and 

* 1 ; R. C. § 615; '09, p. 223, H. B. 70; '11, c. 159, organization: 38:73. 
5? 47a, p. 500; '13, c. 115, § 4, subd. 47 (a), p. 436. 

194 



SCHOOL DISTRICTS 



38:69 



would be necessary for districts so cut by a newly 
created county line, if they wish to retain their 
same boundaries, to apply for the establishment of 
a joint district. Should they not desire to have a 
joint district, application should be made by the in- 
habitants in each portion of the district for change 
of boundaries. O. A. G. '11-12, p. 63. See Sch. 
Dist. No. 12 v. Sch. Dist. No. 33 (1914) 2* I. 554, 
139 P. 136. 

Independent districts excluded: The county com- 
missioners have no authority under this section to 
change the boundaries or divide independent schoo' 
districts. Wood v. Ind. Sch. Dist. No. 2 (1912) 21 
I. 734, 124 P. 780. 

Jurisdiction of county commissioners: The statu- 
tory requirements must be complied with in order 
to confer jurisdiction upon the board of commis- 
sioners, otherwise any action which they may take 
will be void. O. A. G. '11-12, p. 73. 

Review : A writ of review does not lie to review 
the action of a board of county commissioners in 
the creation of a school district, as every action of 
the board of county commissioners may be reviewed 
on appeal. Bobbitt v. Blake (1913) 25 1. 53, 136 
P. 211. 



Apportionment of indebtedness: Apportionment 
by the county superintendent of the bonded indebt- 
edness not prerequisite to valid creation of new 
district. Sch. Dist. No. 15 v. Blaine Co. (1914) 
26 I. 285, 142 P. 41. 

Creation of districts: Where board of county 
commissioners has consolidated two school districts, 
a succeeding board may divide same Where district 
has been organized by order of county commission- 
ers, future board has authority to change boundar- 
ies or divide same. Clay v. Comrs. Madison Co. 
(1917) 30, I. 794, 168 P. 667. 

Consolidated districts: A district formed by union 
of existing districts does not occupy different posi- 
tion after consolidation than a district created from 
unorganized territory. lb. 

The board of county commissioners of a county 
in which a portion of a joint school district is situ- 
ated has authority under this section to create a 
common school district out of such portion. Bob- 
bitt v. Blake (1913) 25 I. 53, 136 P. 211. 

Districts cut by new county line: In regard to 
school districts which have been cut by a newly 
created county line, our legislature in some in- 
stances has provided for the disposition of the same 
and in others has not. When not provided for it 

38:67. Petition for creation of district. A petition for a new dis- 
trict, whether to be created from unorganized territory or in part from 
territory embraced within the boundaries of one or more school districts 
shall be sufficient if signed by the parents or guardians of 15 or more chil- 
dren of school age who are residents of the proposed new district, and no 
further signers shall be required. In all other cases, excepting a proposed 
union of contiguous districts, proposing a change of boundaries of any 
district, the petition therefor must be signed by at least two-thirds of those 
who are heads of families and residents of each of the districts whose 
boundaries will be affected by the change. No such change of boundaries 
or organization of a new district shall take effect until the opening of the 
next school year. 

Hist. '13, c. 119, S 1, subd. 47 (b), p. 463, omit- 
ting the words "or independent school districts" 
held surplusage, Carlson v. Mullen (1917) 29 I. 
795, 162 P. 332; '93, p. 187, § 35; '95, p. 156, § 1, 
reenacted '99, p. 85, § 35 ; '01, p. 217, § 5 ; '05, p. 
218 § 1; '07, p. 16, S 1 ; R. C. § 615; '09, p. 223, 
H. B. 70, S 1 ; '11, c. 159, § 47 (b), p. 500; '13, c. 
115, § 4, subd. 47 (b), p. 436. 



Organization, when effective: This section was 
intended to obviate the dismemberment of a school 
district during any regular term of school. But for 
the purpose of voting bonds and building a school- 
house with the proceeds thereof, the school district 
is organized as soon as the question has been voted 
upon and the result declared by the board of can- 
vassers. O. A. G. '13-14, p. 38. 



38:68. Consolidated districts. Two or more districts lying contigu- 
ous may, upon petition of a majority of the heads of families residing in 
each of said districts, be united to constitute one district. No district 
containing less than 9 square miles shall be divided either for the purpose 
of forming a new district or any other change of boundaries, except on 
approval of the county superintendent of schools and a unanimous vote 
of the board of county commissioners. No district shall be divided and 
territory taken therefrom either for the formation of a new district or for 
any other purpose if the remainder of the district will contain less than 
15 persons of school age. No incorporated cities or towns shall hereafter 
be divided into two or more districts. 



Hist. '13, c. 119, § 1, subd. 47 (c), p. 463; '93, 
p. 187, § 35; '95, p. 156, % 1, reenacted '99, p. 85, 
| 35; '01, p. 217, § 5; '05, p. 218, § 1; '07, p. 16, 
{j 1 ; R. C. § 615 ; '09, p. 223, H. B. 70, S 1 : '11, 
c. 159, § 47 (c), p. 500; '13, c. 115, § 4, subd. 47 
(c), p. 437. This provision was twice amended by 
the twelfth session. The first amendment, however, 



appearing '13, c. 115. S 47c, p. 437, was held in 
Carlson v. Mullen •( 191 7) 29 1. 795. 162 P. 332. to 
be controlled by the above quoted section as it ap- 
pears in this section* of the compilation. 

Cross ref. Qualifications of voters: See anno- 
tation to 38 :78. 



38.69. Pupils attending other than home district. Whenever it shall 
appear that a pupil living in one district cannot attend school in his own 
district because of the distance of the schoolhouse, or for any other valid 
reason, such pupil may attend the school in any district in the county, m 
which his own district is situated, upon making the proper application to 
the county superintendent, which official shall be the judge of the necessity 



195 



18 :70 



EDUCATION 



for making such change, and the district shall receive for such pupil's 
tuition from such pupil's district such an amount as said pupil would be 
accredited with in his own district. 



Hist. '13, c. 119, § 1, subd. 47 (d), p. 463; '93, 
P. 187, S 35 ; '05, p. 156, § 1, reenacted '99, p. 85, 
§ 35; '01, p. 217, § 5; '05, p. 218, § 1; '07, p. 16, 
§ 1; R. C. § 615; '09, p. 223, H. B. 70, S 1; '11, 



c. 159, § 47 (d), p. 500; '13, c. 115, § 4, subd. 47 
(d), p. 437. 

Cross ref. Tuition: 38:89. Nonresident high 

school pupils' tuition : 38 :262-4. • 



38:70. Notice of filing of petition: Duty of county superintendent. 

It shall be the duty of the county superintendent, upon receipt of any 
petition as herein provided for, to give notice immediately to all parties 
interested, by sending notice by registered mail to each of the trustees of 
the district to be affected by such change or changes; and by causing 
printed notices to be posted in at least three public places in the district 
so affected, one of which shall be on the door of the schoolhouse in said 
district, for at least one week. Such notice must state the change or 
changes to be made in said district, that the said petition is on file in the 
office of the county superintendent, and that the same will be presented 
to the board of county commissioners at its next regular meeting for final 
action. The superintendent must transmit the said petition to the said 
board with his approval or disapproval, and, if he approves the same, 
he may note such change in the boundaries as in his judgment shall be 
for the best interests of all parties concerned. 



Hist. R. C. § 616, reenacted '11, c. 159, § 48, p. 
501 ; '93, p. 187, § 36 ; '95, p. 156, § 2, reenacted 
'99, p. 85, § 36. 



Recommendation of superintendent: Statute does 
not require recommendation of county superintend- 
ent to be in writing. Clay v. Comrs. Madison Co. 
(1917) 30 I. 794, 168 P. 667. 

38:71. Petition: Duty of county commissioners. The board of 
county commissioners shall act upon the same at its next regular meeting. 
If such petition be granted it may be in accordance with the original prayer 
or with such modifications as the board may choose to make. 

Hist. R. C. S 617, reenacted '11, c. 159, § 49, p. 
501; '93. p. 187, S 37; '95, p. 156, S 3, reenacted 
'99, p. 85, § 37. 

38:72. Joint districts: Formation. A joint school district may be 
formed from territory belonging to two or more contiguous counties. For 
the purpose of organizing a joint district the same preliminary steps must 
be taken, and the same course pursued in the organization of other dis- 
tricts as provided in sections 66 to 70 of this chapter. Such districts shall 

be designated as joint district No of the counties of , and be 

so numbered that it shall have the same number in all the counties from 
which it was formed. The petition required by sections 66, 67 and 68 
shall be made to each county superintendent interested : Provided, That 
the school census, the record of attendance at school, the assessing of prop- 
erty, the collection of taxes, and all acts which, from their nature, shall 
be separately kept, shall be kept and done, and the report thereof made 
as if each portion of said district were an entire district in the respective 
counties. The teacher of such joint district shall not be required to hold 
a certificate in both counties. 



Hist. R. C. S 618, reenacted '11, c. 159, § 50, p. 
501 ; '93, p. 187, $ 38, reenacted '99, p. 85, § 38. 

Cross ref. Qualifications of voters: See annota- 
tion to 38:78. 

County commissioners' jurisdiction: The county 
commissioners of a county in which a portion of a 
joint school district is located may segregate such 
portion and form the same into a common school 
district. Bobbitt v. Blake (1913) 25 I. 53, 136 P. 
211. 

Dissolution : Our school laws provide no method 
lor the dissolution of a joint district. It is ques- 



tionable whether or not a joint district can be dis- 
solved where the same is composed of parts of two 
counties. If it can be dissolved the best way would 
be to have the county commissioners of both coun- 
ties agree upon the dissolution. O. A. G. '11-12, p. 
38. But see Bobbitt v. Blake (1913) 25 I. 53, 136 
P. 211. 

Division by creation of new county : The cutting 
of an ordinary school district in existence at the 
time by a newly created county line would not of 
itself make the said school district a joint one. Joint 
districts can only be created under the provisions 
>f the code. O. A. G. '11-12, p. 84. 



38:73. Apportionment to new districts. All new districts formed 
of unorganized territory shall be entitled to their just proportion of school 



196 



DISTRICT TRUSTEES 



18:75 



moneys at the next apportionment, and the county superintendent shall 
place the same to the credit of such district : Provided, That in no case 
shall such district be entitled to use the same unless school has commenced 
therein, and six months shall not have elapsed since the date of its organi- 
zation : Provided further, If any new district is organized from any part 
of any other organized district or districts, as provided in this chapter, the 
county superintendent, after having ascertained the amount of moneys 
belonging to said old district or districts and deducting said indebtedness 
and liabilities, must apportion to said new district, exclusive of bonded 
indebtedness, its due per capita proportion of money or indebtedness, as 
the case may be, from said districts from which it may be formed. And, 
in case of joint districts, the county superintendent must apportion to such 
district such proportion of the school money to which such district is en- 
titled as the number of school children residing in that portion of the 
district situated in his county bears to the whole number of school census 
children in the whole district. 



Hist. '11, c. 159, § 51, p. 502; *93, p. 187, § 139, 
reenacted '99, p. 85, § 39 ; R. C. § 619. 

Apportionment follows organization: Apportion- 
ment by county superintendent of the indebtedness 
r>s between newly created and old districts not pre- 
reauisite to validity of organization of new district. 
Sch. Dist. No. 15 v. Blaine Co. (1914) 26 I. 285, 
142 P. 41. 

Bonded indebtedness: In Sch. Dist. No. 15 v. 
Blaine Co. (1914) 26 I. 285, 142 P. 41, the question 
of apportionment of bonded indebtedness between 
old and new district was suggested but not decided. 



The attorneys general have uniformly ruled that 
the old district retains both the property for which 
the bonds were issued and the obligation. O. A. G. 
'09-10, pp. 43, 45; '11-12, pp. 38, 47, 67, 85; '13-14, 
p. 38. But the bondholders have recourse against 
the property in both districts. O. A. G. '09-10, 
pp. 43, 44; '11-12, p. 67. But a recent unpublished 
ruling goes further, holding that the new district 
acquires title to school property within its limits 
and escapes liability on the bonds therefor, the old 
district being compelled to pay the same. O. A. G. 
to Ethel E. Redfield 7-23-17. 



38:74. Lapsed districts: Sale of property. If any school district^ 
shall, for the period of one year, fail to maintain a school for at least four 
school months, or keep up its organization of officers, as is required by 
law, or if there has been an average attendance for three consecutive 
months of only five pupils or less, such district shall lapse, and the money 
in the treasury of the county belonging thereto shall be apportioned by 
the county superintendent among the other districts in the same manner 
as other moneys are apportioned. The property of any school district 
that shall lapse shall be sold by the county superintendent in such manner 
as he shall deem best. The proceeds of such sale, after the payment of any 
indebtedness of said district, shall be placed to the credit of the general 
school fund. The territory included within the boundaries of the said 
school district shall, by order of the county commissioners, be attached to 
one or more school districts. 

Hist. '13, c. 115, § 5, p. 438; '93, p. 187, § 40, 
reenacted '99, p. 85, § 40 ; '01, p. 217, § 4 ; R. C. 
S 620 ; '11, c. 159, § 52, p. 502. 

ARTICLE 5. 
DISTRICT TRUSTEES. 

38:75. Qualifications, oath and officers. The board of trustees of 
each school district shall consist of three members, who shall be at the 
time of their election or appointment qualified electors and residents of 
such school district, one of whom shall be elected at each regular school 
election for a term of three years, so that but one trustee shall retire in 
any year. Each trustee shall, before entering upon the duties of his office, 
take and subscribe the official oath, which must be filed in the office of 
the county superintendent. Immediately after their election and qualifica- 
tion, they must elect from their number a chairman and a clerk : Provided, 
That if any trustee after his election or appointment and during his term 
shall remove from the school district in which he was appointed or elected 
and cease to be a bona fide resident of said district, then his office as a 
member of the board of trustees shall thereby become vacant and his suc- 



197 



38 :76 education 

cessor shall be immediately appointed and qualify as provided by law and 
such appointee shall hold office until the next school election for trustee 
of said district. 

Hist. '13, c. 115, § 6, p. 438; '93, p. 187, § 41, Resignation of trustee: Since trustee can. by 

reenacted '99, p. 85, § 41 ; R. C. § 621; '11, c. 159, operation of law, be relieved of duty of fulfillment 

S 53, p. 503. of office, trustee cannot be compelled to retain in- 

Chairman: The chairman's position does not in cumbency but may resign. O. A. G. to E. O. Sis- 

any way deprive him of the right to vote as a ?on > 3-14-17. 

member. O. A. G. '09-10, p. 50. Vacancy not created: A member of the board of 

Citizenship: A person not naturalized is not a trustees is not deprived of title to office in which 

citizen, and not a qualified elector, and therefore he has become legally invested by subsequent change 

cannot be a qualified trustee. O. A. G. to E. O. in Iaw respecting qualifications of voters or trus- 

Si&son, 5-17-17. tees. O. A. G. to E. O. Sisson, 4-5-17. 

38:76. Notice of annual school meetings. The annual school meet- 
ing for the transaction of the school district business in districts other 
than independent school districts shall be held on the third Monday in 
April. The clerk of the board of trustees shall cause notices to be posted, 
using blanks provided by the county superintendent for that purpose, 
specifying the time and the place of such meeting and what business shall 
be transacted at said meeting. Said notices shall be posted in three public 
places in the district, one of which shall be the schoolhouse, if there be 
one, at least 10 days previous to the time of the meeting. If the clerk fails 
to give such notice, then any two legal voters residing in the district may 
give such notice over their own names, and such annual meeting may be 
held after the day fixed in this section for such annual meeting. 

Hist. '15, c. 93, subd. 54 (a), p. 213; '93, p. 187, p. 363. '13, c. 115, § 7, subd. 54 (a), p. 439, held 

§ 42, reenacted '99, p. 85, § 42 ; '01, p. 217, § 7 ; void O. S. L. Rr. Co. v. Minidoka Co. Sch. Dist. 

'03, p 430, § 1 ; R. C § 622 ; '09, p. 430, H. B. 49, (1915) 28 I. 214, 153 P. 424; N. P. Ry. Co. v. 

§ 1; '11, c. 159, § 54, subd. (a), p. 503; *12, c. 13, Chapman (1916) 29 I. 294. 158 P. 560. 
S 1, subd. 54 (a), p. 49; '13, c. 88, subd. 54 (a), 

38:77. Notice by county superintendent. In addition to the posting 
of notices of said meeting by the clerk of the board of trustees as required 
by the preceding section, it shall be the duty of the county superintendent 
of each county to cause a notice to be published in at least one weekly news- 
paper published and printed in the county, and in not more than two such 
newspapers, for a period of two weeks previous to the time of said annual 
school meetings. Such notice shall be a general notice to the voters of 
each school district other than independent school districts within the 
county that the annual school meetings will be held in each of the said 
school districts as provided in the preceding section. The cost of such pub- 
lication shall be paid out of the general fund of the county as in other cases 
provided. 

Hist. '15, c. 93, subd. 54 (f), p. 216; '93, p. 187, Application: Since the passage of this law, all 

$ 42, reenacted '99, p. 85, § 42 ; '01, p. 217, § 7 ; meetings either for special or general elections or 

'03, p. 430, § 1 ; R. C. § 622 ; '09, p. 430, H. B. 49, bond elections must be called by publication as well 

S 1 ; '13, c. 88, subd. 54 (f), p. 364. as posting notices. O. A. G. '11-12, p. 80. 

38:78. Elections of trustees: Qualifications of electors. All elec- 
tions of trustees shall be by ballot; the polls shall be opened by one of the 
board of trustees, or by any qualified elector if no trustee be present, at the 
time specified in the notice. If no time is specified in the notice, then the 
polls shall be opened at 1 o'clock p. m. and closed at 5 o'clock p. m. of the 
same day. Said election shall be conducted as any other county election, 
except that one judge and one clerk may constitute the board of election, 
and any trustee or qualified elector may administer the oath to said judge 
and clerk. At all elections under this article, voters must have the same 
qualifications as prescribed for the general elections in this state. Said 
judge and clerk shall make immediate return of election to the county 
superintendent, which the county superintendent shall file in his office. 

Hist. '15, c. 93, subd. 54 (b), p. 214; '93, p. p. 363. '13, c. 115, § 7, subd. 54 (b), p. 439, held 

187, § 42, reenacted '99, p. 85, § 42; '01, p. 217, § void. O. S. L. Rr. Co. v. Minidoka Co. Sch. Dist. 

7: '03, p. 430, § 1 ; R. C § 622 ; '09, p. 430, H. B. (1915) 28 I 214, 153 P. 424; N. P. Ry. Co. v. Chap- 

49, $ 1; '11, c. 159, § 54 (b), p. 504; '12, c. 13, man (1916) 29 I 294, 158, P. 560. 
5; 1, subd. 54 (b), p. 50; '13, c. 88, subd. 54 (b), 

198 



DISTRICT TRUSTEES 38:79 

Divided districts: New districts and changes of Same: Annual meeting: 1. Qualified voter. 2. 

boundaries do not take effect until opening of school Resident of district. 38:189. 

year. At April meeting, therefore, original district Same . Bond elections: L Qua i ified voter . 2 . 

elects trustees. O. A. G. 11-12, p. 47. Persons having one of the following qualifications: 

Property holder not a voter: The owning of a. Resident freeholder, b. Resident householder, 

property in a school district does not entitle a man 38:213. 

to vote therein if he maintains his home and f am- Same . Election to divide or change boundaries: 

ily in another district. O. A. G. 09-10, p. 44. < Qualified voter. 2. Resident of district. 3. Per- 

Qualifications of voters at school and bond eltc- sons having one of the following qualifications: a. 

tions: There is a lack of uniformity in the law on Head of a family, b. Resident taxpayer. 38:182. 

this subject as shown by the following note An Election to annex to adjoining independent school 

attempt by the legislature 17 c 47, p. 106 to Strict: 1. Qualified voter. 2. Resident of dis- 

make the law uniform was declared unconstitu- t r irt 38 -24fi 
tional. Griffith v. Owens (1917) 30 I. 647, 166 P. 
922. 



Election to consolidate two or more contiguous 



The folowing, prepared by J. Ward Arney, as- districts: 1. Qualified voter. 2 Residents of each 

sistant attorney general, is taken from the com- district affected voting in each district. 38:68. 

pilation of school laws issued by the department of Electon to form joint district from two or more 

education. contiguous counties: 1. Qualified voter. 2. Resi- 

Constitutional qualifications: A qualified voter den * °f ea . c1 } di *Jj ri 7 c * affected b y Juncture voting in 

as defined by the constitution is as follows: 1. A each district. 38:72. 

citizen of the United States. 2. A resident of the Joint independent school district and joint rural 

state of Idaho for a period of six months next pre- high school district: Election to form from two or 

ceding the election. 3. A resident of the county more contiguous counties: 1. Qualified voter. 2. 

for a period of 30 days next preceding the election. Resident of each county affected. 38:249. 

4. Of the age of 21 years or over. Const. VI, 2. Rural hi?h school d i str ict: Election to form: 1. 

Elections in common school districts: Annual Qualified voter. 2. Resident of district, voting in 

meeting: 1. A qualified voter. 2. A resident of own district. 38:223, 226. 

the district. 38:78. Same: Bonds: Electors must have same qualifi- 

Same: Bond elections: 1. A qualified voter. 2. cations as at election to organize district. 38:241. 

A resident of the district. 38:119. Election to consolidate rural high school dis- 

Same: Special tax at annual meeting: 1. A tricts: 1. Qualified voter. 2. Resident of district 

i.ualified voter. 2. A person having one of the affected. 38:224. 

following qualifications: a. A resident freeholder Election of school district to establish public 

in the district, b. A resident head of a family in library: 1. Qualified voter. 2. Resident of the 

the district. 38:79. district. 38:292. 

Elections in independent school districts: Organ- 
ization: 1. Qualified voter. 2. Resident of dis- 
trict. 38:181. 

38:79. Levy for special tax. Said annual meeting shall determine 
if a special tax shall be levied not to exceed 10 mills on each dollar of 
taxable property. Such special tax to be for the purpose of raising money 
for building or repairing school property, for school equipment, or for 
the support and maintenance of the schools. Having determined that a 
special tax shall be levied for such purposes the meeting shall proceed to 
ballot on the question of the amount of money desired to be raised by spe- 
cial tax for the district, on which ballot shall be written or printed the 
proposed amount of money and the words "yes," "no," and none but actual 
resident freeholders or heads of families of said district shall vote at the 
election to determine whether a special tax shall be raised, or on the 
amount of money to be raised thereby : Provided, That in all joint school 
districts formed under the provisions of the school laws of Idaho, includ- 
ing joint common school districts, joint independent school districts and 
joint high school districts situated in more than one county, the annual 
meeting, instead of determining the amount of money to be raised by 
special tax, shall determine the amount of levy in mills to be made. A 
separate ballot box shall be used for voting on any question of taxation 
or other business concerning schools and school interests from that used 
in voting for trustees. If a majority of the votes polled at such election 
are in favor of the tax and the amount of money to be raised, the board 
of trustees shall immediately certify the amount determined to be raised, 
the date thereof, the year for which the same shall be raised, and the 
number of the district, to the clerk of the board of county commissioners 
and the county assessor, but not more than one such special tax can be 
levied in any one year. The board of county commissioners shal , at the 
time of making their annual levies, make a sufficient levy in mills upon 
all the taxable property in said school district not exempt from taxation 
sufficient to produce the said amount of money so certified to be levied by 
special tax for such school district for such year, and shall certify the same 
to the county assessor. 

199 



38:80 



EDUCATION 



One living on a homestead with taxable improve- 
ments thereon would come within this provision of 
the statute, and should be allowed to . vote at such 
school election on special tax or bonding. O. A. G. 
'09-10, p. 45. 

Rural high school districts: By reasonable con- 
struction we have a right to apply this limit of 
taxation to rural high school districts. O. A. G. 
'11-12, p. 87. 

Special tax; purposes: It is probable that a tax 
levied for the payment of interest on bonds would 
be proper as a special tax under the provisions of 
this section. O. A. G. '05-08, p. 59. 

It is not mandatory upon school districts to fur- 
nish free text books, but the district has authority 
to decide whether or not free text books shall be 
furnished. O. A. G. '15-16, p. 37. 

Where the special tax of 10 mills is insufficient, 
school district may not levy an additional amount 
for gymnasium work. O. A. G. '15-16, p. 38. 

A school district may build a schoolhouse from 
money raised by special tax when such money is 
in excess of current expenses of the year. O. A. G. 
to Ethel E. Redfield, 6-7-17. 

Time of election : If district fails to hold meet- 
ing and make levy in April it can do so later. 
O. A. G. '11-12, p. 66. 

School board cannot, after annual meeting, call 
special election to vote special tax for building pur- 
poses. O. A. G. to E. O. Sisson, 5-5-17. 



Hist. '15, c. 93, subd. 54 (c), p. 214, effective 
May 7, 1915. N. P. Ry. v. Chapman (1916) 29 I. 
294, 158 P. 560 ; '93, p. 187, $ 42, reenacted '99, 
p. 85, § 42 ; *01, p. 217, § 7 ; '03, p. 430, § 1 ; R. C. 
S 622; '09, p. 430, H. B. 49, § 1; '11, c. 159, § 54 
(c), p. 504; '12, c. 13, § 1, subd. 54 (c), p. 50; '13, 
c. 88, subd. 54 (c), p. 363. '13, c. 115, § 7, subd. 
&4 (c), p. 439, held void. O. S. L. Rr. Co. v. 
Minidoka Co. Sch. Dist (1915) 28 I. 214, 153 P. 
424; N. P. Ry. Co. v. Chapman (1916) 29 I. 294, 
158 P. 560. 

Cross ref. Qualifications of voters: See anno- 
tation to 38:78. Independent school districts not 
governed by this section: 38:83. Bond elections: 
38:119 et seq. 

Levy denned: The annual meeting of the school 
board makes the levy, not the board of county com- 
missioners. N. P. Ry. Co. v. Chapman (1916) 29 
I. 294, 158 P. 560. 

"Levy," as used in this section denning the duty 
of the county commissioners, denotes the mere min- 
isterial act of computing and extending a tax ac- 
cording to an assessment, as distinguished from its 
other meaning referring to the legislative function 
of determining the amount of money to be raised 
by taxation, (con. op.) lb. 

Qualifications of electors: Only those persons 
may vote upon the question of special tax to be 
levied who actually reside within the district and 
own property, or are the heads of families therein. 
O. A. G. '15-16, p. 36. 

38:80. Length of school term. Said annual meeting shall determine 
the length of time a school shall be taught in the district for the ensuing 
year, which shall not be less than seven months, by a legally qualified 
teacher in all districts having not more than 75 pupils of school age, nor 
less than nine months in districts having more than 75 pupils : Provided, 
That in any district other than an independent class A district, the board 
of trustees may, when in their judgment the best interests of the com- 
munity require it, arrange that any pupils of the sixth, seventh or eighth 
grades whose parents so request, may attend eight months instead of 
nine: Provided further, That all other pupils of these grades shall be re- 
quired to continue in school the full nine months. They may also deter- 
mine and instruct the district trustees as to the length of the different 
terms of school, and the seasons of the year in which the same shall be 
taught; and the district officers shall see that school is actually taught 
therein by a certified teacher in conformity to such instructions and for 
not less than the length of time herein required. No school shall receive 
any of the state funds unless school shall have been actually taught therein 
for the time required by the chapter: Provided, That, in case of quaran- 
tine or loss of schoolhouse, such closing of school shall not prevent district 
from drawing its proper share of the state apportionment. 



Hist. '15, c. 93, subd. 54 (d), p. 215; '93, p. 187, 
§ 42, reenacted '99, p. 85, § 42 ; '01, p. 217, § 7 ; 
*03, p. 430, $ 1 ; R. C § 622; '09, p. 430, H. B. 49, 
§ 1; '11, c. 159, § 54(d), p. 504; '12, c. 13, § 1, subd. 
54 (d), p. 50; '13, c. 88, subd. 54 (d), p. 364. '13, 
c. 115, § 7, subd. 54 (d), p. 440, held void. O. S. 
L. Rr. Co. v. Minidoka Co. Sch. Dist. (1915) 28 I. 
214, 153 P. 424; N. P. Ry. Co. v. Chapman (1916) 
29 I. 294, 158 P 560. 

Cross ref. Apportionment of funds for relief of 
districts: X8:110. 

Cited: Fenton v. Comrs. of Ada Co. (1911) 20 
I. 392, 119 P. 41. 



Length of term: Minimum term fixed by statute 
is mandatory and cannot be indirectly evaded by 
maintaining part of school for minimum term and 
part for less than minimum term. Pupils entitled 
to benefit at least of the minimum. O. A. G. to 
Ralph W. Adair, 7-29-15. 

Where there is more than one schoolhouse in a 
district it is not within the power of the annual 
meeting to provide for a longer term of school in 
any one schoolhouse than in any other. O. A. G. 
— — '17. 

State funds: A school in which some of the pu- 
pils receive less than nine months' school may not 
participate in state funds. O. A. G. '15-16, p. 38. 



38:81. Business to be transacted; power of trustees to make levy. 
Said annual meeting shall transact all business required by the notice of 
the meeting, and it shall be lawful to transact any other business per- 
taining to schools and school interests. The board of trustees shall have 
power, when the annual meeting shall neglect or refuse to levy a special 
tax to maintain the schools, to levy a special tax upon all the property in 
the district, which when added to moneys apportioned by the county super- 



200 



DISTRICT TRUSTEES 38 :86 

intendent of schools, will be sufficient to provide funds for the mainte- 
nance of the school as provided in section 80 of this chapter. The taxes 
so levied are and shall be a lien upon the property taxed, the same as other 
taxes, and shall be collected in the same manner. 

Hist. '15, c. 93, subd. 54 (e), p. 215; '93, p. 187, subd. 54 (e), p. 364. '13, c. 115, § 7 subd 54 (e) 

§ 42, reenacted '99, p. 85, $ 42 ; '01, p. 217, § 7 ; p. 440, held void. O. S. L. Rr. Co. v. Minidoka Co' 

"03, p. 430, § 1 ; R. C. § 622 (see especially note); Sch. Dist. (1915) 28 I. 214, 153 P 424 • N P Ry 

'09, p. 430, H. B. 49, § 1 ; '11, c. 159, § 54 (e), p. Co. v. Chapman (1916) 29 I. 294, 158 P. 560 
505; '12, c. 13, § 1, subd. 54 (e), p. 51; '13, c. 88, 

38:82. Trustees to qualify. Trustees shall qualify within 15 days 
after receiving notice of their election by taking the official oath, which 
oath may be administered by either of the other trustees or a retiring 
trustee, and such oath shall be subscribed and filed in the office of the 
county superintendent. 

Hist. R. C § 626, reenacted '11, c. 159, § 55, p. 
505 ; '93. p. 187, § 46, reenacted '99, p. 85, § 46 ; 
'03, p. 285, § 2. 

38:83. School taxes: Collection. Upon receiving the statement of 
the levy from the board of county commissioners showing the special tax 
levied for any school district, the assessor must assess upon all property 
in the district subject to taxation the tax so levied and certified to him as 
aforesaid ; but for that purpose he is not required to take new statements 
from the owners of property, but his assessment of all special taxes so 
levied may be computed and made upon the valuation of property as fixed 
by the board of equalization for state and county purposes, and as appears 
upon the assessment roll in the same year; said special taxes so levied 
as aforesaid shall become a lien upon the property so assessed from the 
date of assessment, and shall be due and payable at the same time as the 
state and county taxes, and in all respects are to be collected in the same 
way, except that the assessor must keep a separate list or assessment roll 
thereof, and, when paid, must be named in his receipt to the taxpayers 
as a separate lien, and he must pay to the county treasurer as he pays 
other taxes ; but, at the time of payment, he must specify to the treasurer 
what taxes they are, and take a separate receipt therefor and keep sepa- 
rate accounts thereof. The board of county commissioners shall furnish 
the assessor with such blanks as are needed to comply with the provisions 
hereof. The provisions of this and the preceding sections for the levy 
and collection of taxes shall not apply to independent districts so estab- 
lished, which have special laws for the collection of school taxes. 

Hist. '13, c. 115, $ 8, p. 441 ; '93, p. 187. § 43, 
reenacted '99, p. 85, S 43, modified by '99, p. 405 ; 
R. C. * 623; '11, c. 159, S 56, p. 505. 

38:84. Meetings of board of trustees. The regular meetings of the 
board of trustees shall be held on the last Monday of March, June, Sep- 
tember and December. The board may, however, hold other special or 
adjourned meetings, as they may from time to time determine. Any two 
of such trustees shall constitute a quorum for the transaction of business. 

Hist. '11, c. 159, § 57, p. 506; '93, p. 187, § 44, 
reenacted '99, p. 85, § 44 ; R. C § 624. 

38:85. Trustees: General duties. It shall be the duty of the trus- 
tees of each district : 

Hist. '11, c. 159, *; 58, p. 506, reenacted '13, c. Cited: (In brief of counsel) Collman v. Wana- 

115, S 9, p. 441. ' maker (1915) 27 I. 342, 343. 

38:86. Same: Employment of teachers. To employ teachers on 
written contract, but before such contract can be legally signed it shall 
be the duty of the teacher to exhibit his or her certificate or permit to 
teach to the board of trustees, and it shall be the duty of the trustees to 
file a copy of such contract or permit with the county superintendent. 

201 



38 :87 EDUCATION 

Hist. Part of R. C. § 625, reenacted '09, p. 216, ployment permitting school board to suspend salary 

H. B. 260, reenacted '11, c. 159, § 58a, p. 506, re- of teacher during closing of school for quarantine, 

enacted '13, c. 115, § 9, subd. 58a, p. 442. salary continues throughout the period of quaran- 

Teacher's pay during enforced idleness: Deduc- tine - °- A - G - to Ethel E - Redfield, 2-24-17. 
tions cannot be made from teacher's salary when Quarantine: A teacher is not legally required to 

schools are closed by quarantine or for holidays, make up time lost in quarantine during epidemic, 

when teachers are employed by month. O. A. G. when such teacher has been discharged during that 

'11-12, p. 84. period by the board of trustees. O. A. G. to Arthur 

In the absence of terms in the contract of em- L. Caldwell, 5-15-17. 

38:87. Same: To fix teachers' compensation. To fix, allow and 
order paid the salaries and compensation of such teachers. 

Hist. '11, c. 159, § 58b, p. 506, reenacted '13, c. 
115, § 9, subd. 58b, p. 442 ; part of R. C. § 625. 

38:88. Same: To fix clerk's compensation. To fix the compensa- 
tion of the clerk of the board. 

Hist. Part of R. C. § 625, reenacted '09, p. 216, 
H. B. 260, reenacted '11, c. 159, § 58c, p. 506, re- 
enacted '13, c. 115, § 9, subd. 58c, p. 442. 

38:89. Same: To fix rate of tuition: Free tuition. And to deter- 
mine the rate of tuition of nonresident pupils : Provided, That any pupil 
or pupils of the eighth grade who are of high school qualifications of any 
district, shall be eligible to attend any high school within his county 
without paying tuition, but the county superintendent shall transfer -from 
the district to which said pupil or pupils belong to the district holding the 
high school attended, a sum of money bearing the same proportion to the 
amount of money received by the district during the year, as said pupil 
or pupils bear to the total school census of the district in which such 
pupil or pupils belong. 

Hist. '11, c. 159, § 58d, p. 506, reenacted '13, Nonre ident parents: District may charge pupil 
c. 115, § 9, subd. 58d, p. 442; part of R. C. § 625, tuition irrespective of fact that pupil living on 
reenacted '09, p. 216, H. B. 260. property owned by parents in district, where par- 
Cross ref. Pupils attending in other than home «ita n ° nr , e J d ^" ts thereof - °- A - G - to Ethel E - 
district: 37:69. Payment of tuition by district not Redneld, 4-24-17. 
maintaining four-year high school: 38:262-4. 

38:90. Same: To discharge teachers. The trustees shall have 
power to discharge any teacher for neglect of duty, or for any cause that, 
in their opinion, renders the services of such teacher unprofitable to the 
district; but no teacher shall be discharged before the end of his or her 
term without a reasonable hearing. 

Hist. Part of R. C. § 625, reenacted '09. p. 216, dinary school district can be removed by the trus- 

H. B. 260, reenacted '11, c. 159, § 58e, p. 506, re- tees, he must be given notice and an opportunity 

enacted '13, c. 115, § 9, subd. 58e, p. 442. to be heard in his defense. Ewin v. Ind. Sch. Dist. 

Removal of teacher: Before a teacher of an or- No - 8 (1904) 10 I. 102, 77 P. 222. 

38:91. Same: Contracts with teachers: Duties. The trustees 
shall not contract to compel teachers to make up time while attending 
any annual county or joint institute, or while attending a meeting of the 
state teachers' association. 

Hist. '11, c. 159, § 58f, p. 506, reenacted '13, 
c. 115, § 9, subd. 58f, p. 442. 

38:92. Same: Corporate powers: Construction contracts: Re- 
moval of school sites: Prohibited contracts. The trustees shall have 
charge of all school property in their district and shall have power to re- 
ceive in trust all real estate or other property conveyed to said school dis- 
trict ; and to convey by deed, duly executed and delivered, all the estate or 
interest of their district in any schoolhouse or site directed to be sold by 
vote of their district. All conveyances made to said board must be made 

in their corporate name, to wit : "To trustees of school district No , 

County , state of Idaho." Said trustees have further power, when 

directed by a vote of their district, to build or remove schoolhouses, to 
purchase, receive, hold and convey real and personal property for school 
purposes, and to hold, purchase and repair schoolhouses and to supply the 
same with necessary furniture and to fix the location of schoolhouses sub- 
ject to the rules and regulations of the state board of education: Provided, 

202 



DISTRICT TRUSTEES 38 :94 

That all such repairs and construction work shall be submitted to com- 
petitive sealed bids when such work required shall exceed the sum of $100 : 
Provided further, That a schoolhouse already built shall not be removed, 
nor a new site for a schoolhouse be designated, except when directed by 
a two-thirds vote of the electors of said district voting at an election held 
for that purpose, which election may be a special or a general school elec- 
tion: Provided, That no trustee shall be pecuniarily interested directly 
or indirectly in any contract made by the board of trustees, of which he is 
a member, and any contract made in violation of this section is null and 
void. 

Hist. '11, c. 159, § 58g, p. 506, reenacted '13, c. under the general election laws. O. A G '05-06 

115, $ 9, subd. 58g, p. 442; part of R. C. § 625; i> 122; '15-16, p. 36. 

reenacted '09, p. 216, H. B. 260. Removal of school buildings: Board of trustees 

Cited: Corker v. Cowen (1917) 30 I. 213, 164 P. when authorized by election to remove buildings 

85; Corker v. Ake (1917) 30 I. 218, 164 P. 87. hav . e p ° we Y to ^ locate the same wherever they deem 

...... , ' . hest. O. A. G. to E. O. Sisson, 1-3-17. 

Contracts prohibited: A school trustee is pecu- gale buildings: The board of 

manly interested in a contract whereby his wife is trugtees under the provision of g the i^™^™ 

employed by the board of trustees to teach the have the power to ge „ an o]d> unused school build . 

school, and such contract is null and void. Nuckols \ Ttg w h en directed by a vote of the district O A 

v. Lyle (1902) 8 I. 589, 70 P. 401. G. to A. F. Ames, 4-12-17. 

Cottages: A school board is not vested with au- Site for schoolhouse: The proviso applies only 
thority to build cottages for the accommodation of in the case of selecting a new site for a school- 
teachers employed by the district. O. A. G. '15-16, house already built, and not in the case of selecting 
p. 36. a site for an additional schoolhouse. Therefore a 

Election requirements: The requirements of §§ nr u jor i ty vote ° n Jy J s necessary to locate a new 
76 et seq. in publishing as well as posting notices schoolhouse. O. AG. 11-12, p. 87; '13-14, p. 37. 
npply to all meetings either for general or special , Electors cannot designate the site for a school- 
elections or bond elections. O. A. G. '11-12, p. 80. ^T' r- ° an mere,y authorize trustees to do so. 

A two-thirds vote under this section means two- ^- ■"-. G. 09-10, p. 50. 
thirds of those voting. O. A. G. '11-12, p. 80. Use of schoolhouse: Religious services may be 
Contra, holding it means two-thirds of whole num- held in a schoolhouse by any church, charitable so- 
ber of qualified electors. O. A. G. '05,-06, p. 63. ciety or institution, upon such terms as the directors 

The term "electors" in this section is not quali- may say, so long as such services are not held dur- 

fied in any way and it is not necessary that electors ing school hours and do not in any way interfere 

\oting on this proposition be resident freeholders, with the regular work of the school. O. A. G. 

but they must possess the qualification of electors '15-16, p. 36. 

38:93. Same: To provide necessary furniture, janitor service, etc. 

The trustees of the respective districts must furnish all things, not herein 
provided for, necessary for the comfort and the use of their district, such 
as janitor's service, fuel, improvements, maps and apparatus, library; 
and for all such purposes may audit and allow accounts against the school 
fund of their district, not to exceed 25 per cent of the amount of such 
school fund in any one year. 

Hist. '11, c. 159, § 58h, p. 507, reenacted '13, c. Cottages: The building of cottages to accommo- 

115, § 9, subd, 58h, p. 443 ; R. C. § 625, 3d para- date teachers is not, under this section, authorized, 
graph; '09, p. 216, H. B. 260. O. A. G. '15-16, p. 36. 

38:94. Same: To provide school library. At least 3 per cent of 
the moneys annually appropriated to any district other than an independ- 
ent district shall be applied by the trustees for the maintenance of a school 
library, selection of books for which shall be made from a list of books 
furnished to each district and compiled by the state board of education. 
The board of trustees shall keep the library in a suitable case at the school- 
house; shall keep a list of all books in the library; loan the books to pupils 
and patrons within the district for a period not to exceed four weeks at 
any one time ; hold patrons, parents or guardians to strict accountability for 
books loaned, requiring them to replace the same in the event of loss or 
damage; report to the county superintendent the number of books pur- 
chased during the year, the number of books lost and other information 
required by the county superintendent, and for the further good of the 
library shall make all needed rules and regulations. 

Hist. '11, c. 159, § 58i, p. 507, reenacted '13, c. mands, board of trustees may use part of funds 

115, § 9, subd. 58i,p. 443*; R. C. § 625, 4th para- for purchase of bookcases, library table, and ap- 

gra'ph ; '09, p. 216, H. B. 260. propriate pictures. O. A. G. to department of edu- 

Three per cent must be apportioned: The Ian- cation, 7-17-17. 

guage of this section is mandatory and requires 3 Unexpended balance: No part of unexpended 

per cent be annually apportioned to the districts balance reverts to state, nor is next ensuing ftp- 

tor the purposes therein specified. O. A. G. to portionment to be reduced by amount unexpended, 

H. H. Williamson, 12-20-15. and to credit of district. (). A. G. to department 

Purchase of bookcases, etc. When necessity de- of education, 7-17-17. 

203 



38:95 education 

38:95. Same: Clerk to keep record. It shall be the duty of the 
clerk of the board of trustees of each district to keep a record of the 
transactions of his district in a book furnished by the county superintend- 
ent, the form of which shall be prescribed by the state board of education ; 
said record, so kept, shall show all the data and the information required 
in said books to be shown by the forms thereof and shall be open fo the 
inspection of the county superintendent when visiting the district ; and the 
trustees of each district shall make a full report in writing annually on the 
first day of July, to the county superintendent of their county, on blanks 
furnished, which shall be exact copies of the pages of the book herein re- 
quired to be kept, together with such matters pertaining to schools as may 
be required of them by the state superintendent. 

Hist. '11, c. 159, § 58j, 1st paragraph, p. 508, 58j. p. 443; R. C. § 625, 5th paragraph, reenacted 
reenacted '13, c. 115, § 9, 1st paragraph of subd. 09, p. 216, H. B. 260. 

38:96. Same: Insubordinate pupils: Dismissal. It is the duty of 
the trustees of the respective districts, on receiving a report from any 
teacher of the disorderly conduct of any pupil, to decide how said insubor- 
dinate pupil shall be punished, or whether he or she shall be dismissed 
from school, and the teacher must enforce the decision so made. 

Hist. R. C. § 625, 6th paragraph, reenacted '09, paragraph, p. 508, reenacted '13, c. 115, § 9, 2d 
p. 216, H. B. 260, reenacted '11, c. 159, § 58j, 2d paragraph of subd. 58j. 

38:97. Same: Census: Duties of clerk. The clerk of the board 
of trustees shall, on the first Tuesday of September of each year, proceed 
to enumerate the children of school age in his district, employing assistant 
enumerators if necessary, and he shall not enumerate any except bona fide 
residents thereof, and the board of trustees shall cause a true and certified 
copy of said census to be transmitted to the county superintendent. School 
age, as herein used ; is denned as applying to all persons between the ages 
of 6 and 21 years, said census to be completed and filed by the third Tues- 
day in September. For said services, said clerk shall be allowed, as full 
compensation therefor, 5 cents for each child so enumerated, and the 
chairman of the board of trustees shall draw his order upon the county 
auditor, which must be countersigned by at least one other member of the 
board of said district, for the amount so allowed, and it must be charged 
against and paid out of the fund of said district. 

Hist. '11, c. 159, § 58k, p. 508, reenacted '13, Bona fide residents: There is no particular time 

c. 115, § 9, subd. 58k, p. 444 ; R. C. § 625, 7th para- required to make one a bona fide resident. It is 
graph, substantially reenacted '09, p. 216, H. B. 260. largely a question of intention. O. A. G. '05-06, 

Cross ref. To furnish census list to head teach- n - 1 ^ 2 - 
ers: 38:257. 

38:98. Same: Election of relatives as teachers. No trustee of any 
school district of any kind in the state of Idaho shall vote to elect any 
relative of his own or of his immediate family to the position of teacher 
of any school within his district, and in case such relative of his own or 
his immediately family shall be an applicant for any position as teacher 
of any school within his district, the question of whether or not such rela- 
tive shall be employed shall be determined by the remaining members of 
board. 

Hist. '13, c. 115, § 9, subd. 581, p. 444, enacting Nepotism: The nepotism act, C. L. §§ 281g-281h, 

subd. 1 of '11, c. 159, § 58. does not apply to school districts. Barton v. Alex- 

ander (1915) 27 I. 286, 148 P. 471. 

38:99. Same: Employment of attorney. Trustees of school dis- 
tricts of every kind in the state of Idaho may, when deemed necessary by 
them and when deemed by them to be for the best interests of their dis- 
tricts, employ an attorney or attorneys for the purpose of advice and 
counsel in any matters pertaining to said school district, or for the pur- 
pose of defending the school district against any suit brought against the 
district in any court of the state of Idaho, or for the purpose of bringing 
any action in any court deemed necessary to be commenced by the trustees 

204 



DISTRICT TRUSTEES 38:103 

for the district, and the expenses incurred in the employment of said 
attorney or attorneys and the costs of such suit or action shall be a legal 
charge against such school district and shall be paid out of the funds of 
said school district. 

Hist. '13, c. 115, § 9, subd. 58m, p. 444, enact- 
ing subd. m of '11, c. 159, § 58. 

38:100. Same: Attendance at meetings, It shall be the duty of 
each member of the board of trustees to attend meetings of the board of 
trustees, both regular and special meetings. 

Hist. '13, c. 115, § 9, subd. 58n, p. 445, enacting 
subd. n of '11, c. 159, § 58. 

38:101. Flag: Trustees to provide. It shall be the duty of the 
trustees of every school district in the state of Idaho to cause to be erected, 
and to keep in repair, upon all public schoolhouses, or within the school- 
house grounds surrounding such public school building, a good and suffi- 
cient flagstaff or pole, together with all necessary adjustments, and they 
shall provide a United States flag of not less than 4 by 8 feet in size, which 
shall be floated from such flagstaff or pole during the school hours of such 
days as the trustees and teacher may determine: Provided, That the flag 
shall not be hoisted on any school building during any day when a violent 
storm or inclement weather would destroy or materially injure such flag. 
The flag used by any and all such school districts, as provided for in this 
section shall be paid for out of the current expense fund of said district. 
The flags for use of public school buildings are hereby declared to be neces- 
sary supplies and are to be paid for from the aforesaid fund. Any person 
or persons who shall wilfully injure, deface, or destroy any flag, flagstaff 
or pole, or adjustment attached thereto, erected and arranged for the pur- 
pose of carrying out the requirements of this section, shall be guilty of a 
misdemeanor, and, upon conviction, shall be fined not less than $5, nor 
more than $15. 

Hist. '11, c. 159, § 59, p. 508 ; '93, p. 187, 8 46, Comp. leg. — Mass. Similar except penalty not at- 

reenacted '99, p. 85, § 46 ; '03, p. 285, § 2 ; R. C. tached : R. L. c. 42, § 50. 

§ 626. Ohio. Similar except penalty not attached: Gen. 

C. § 7621. 

38:102. Nonresident pupils: Attendance: Conditions. Trustees 
may determine whether pupils outside of their counties may attend school 
within their districts and upon what terms. 

Hist. R. C. § 627, reenacted '11, c. 159, § 60, p. Cross ref. Tuition rate of nonresident pupils: 

509; '93, p. 187, § 66, reenacted '11, p. 85, § 66; '07, 38:89. Nonresident pupils attending high schools: 
p. 16, § 2. 38:262-5. 

38:103. Annual financial report: Publication and posting. It is 

the duty of the board of school trustees to make a report in writing, on 
the first day of July, of the financial condition of their respective school 
districts, showing the amount of money received, from what source, the 
amount expended, and in what manner and for what purpose expended, 
and the amount of money in the treasury of the district or to the credit 
of the district on hand at the date of the report, the said report to show in 
full the financial condition of the district at the date thereof : Provided, 
That the report of any expenditure shall contain the specific items, 
amounts, the names to whom such expenditures were made. It is hereby 
made the duty of school trustees of each district to cause the said report 
to be posted in three conspicuous places in the district, one of which shall 
be posted on the schoolhouse door of said school district, and to retain a 
copy of said report in the office of the clerk of the school board of the school 
district, where the same may be open at all times to examination and in- 
spection by any person: Provided, That in independent districts the 
aforesaid financial report shall be published in one issue of a newspaper 
nearest the schoolhouse of said district. 

205 



38:104 EDUCATION 

Hist. '13, c. 115, 8 10, p. 445; '05, p. 319, §§ 1, on his official bond for the safe keeping of the 
2 ; R. C. S 628 ; "09, p. 191, S. B, 145 ; '11, c. 159, moneys intrusted to his care. O. A. G. '05-06, p. 
% 61, p. 509. 116. 

Cited: S. v. Wylie (1913) 24 I. 548, 135 P. 59; Withholding appropriation: It is doubtful if the 

Corker v. Cowen (1917) 30 I. 213, 164 P. 85. county superintendent can withhold the current 

Deposit of school moneys: There is no statutory > ea f' s appropriation for failure of trustees to re- 

prohibition of school districts keeping school money T\ C P\ 9 ° n Preceding years appropriation. O. A. G. 

in a bank outside of state. The treasurer is liable 11-1-, p. 82. 

38:104. Meetings called by county superintendent: Expenses of 
delegates. The board of trustees of every common school district and 
the board of education of every independent school district are authorized 
to select one of their members to attend any meeting called by the county 
superintendent for the purpose of general instruction, and are authorized 
to defray the expenses of such member, in an amount not to exceed the 
sum of $3 per diem, and 3 cents per mile going to and from such meeting, 
such expense to be paid for from the general fund of the district : Pro- 
vided, That such allowance shall not be for more than two days in any 
one year. 

Hist. '09, p. 19, H. B. 13, reenacted '11, c. 159, 
S 62, p. 509. 

ARTICLE 6. 
SCHOOL FUNDS AND FINANCES. 

38:105. Public school fund. The public school fund of the state shall 
consist of the proceeds of such lands as have hitherto been granted, or 
may hereafter be granted, to the state by the general government, known 
as school lands and those granted in lieu of such lands, acquired by gift 
or grant from any person or corporation under any law or grant, and of 
all other grants of land or money made to the state for general educa- 
tional purposes, and all moneys accruing to the state from the estates of 
deceased persons. 

Hist. R. C § 601, reenacted '11, c. 159, $ 63, p. prohibition of Const. IX, 8, has reference only to 

510 : '93, p. 187, § 27, reenacted '99, p. 85, § 27. sections numbered 16 and 36 and selections in lieu 

Cross ref. See Index under "School Fund." thereof. Pike v. S. Bd. of Land Comrs. (1911) 

O L. 1 1 J .-O U 1 1 A •• J • *U ' 9 !• 268 ' 113 P - 447 - 

School lands: School lands as used in the 

38:106. Additional school lands. All lands, title to which is ac- 
quired by the state by foreclosure or otherwise on loans of school funds, 
and all lands which escheat to the state by virtue of section 5717 of these 
codes or otherwise, shall be held and treated as school lands, and may be 
sold and disposed of in the same manner. Said lands shall be under the 
charge and control of the state board of land commissioners. 

Hist. R. C. >j 602, reenacted '11, c. 159, § 64. board" changed to "state board of land commis- 
i). 510 : '99, p. 443, §S 1, 2. "These codes" inserted sioners." 
i. .stead of "Idaho codes of 1909" and "state land 

38:107. County school taxes. The tax for general school purposes, 
levied for the purpose of establishing and maintaining public schools in 
the several counties of this state, must be levied by the board of county 
commissioners at its session when the tax is by it levied for county pur- 
poses and must be collected by the same officers and in the same manner 
as other state and county taxes are collected, and paid into the county 
treasury and apportioned to the county school fund. 

Hift. '13, c. 161. p. 530; '93, p. 187, § 28, re- Co. (1911) 20 I. 445, 119 P. 52; Coon v. Sommer- 
enacted '99, p. 85, $ 28; R. C. § 603, reenacted '11, c*mp (1915) 26 I. 776, 146 P. 728. 
c. 159, S 65, p. 510. Refund of excess tax: The board of county com- 

Cited: Fenton v. Comrs. of Ada Co. (1911) 20 missioners is authorized to refund the amount of 
I 392, 418, 119 P. 41; Dart v. Comrs. of Kootenai school tax paid in excess of legal levy. O. A. G. 

to Katherine Burggraf, 4-16-17. 

38:108. School Fund: Fines and forfeitures. For the further sup- 
port of the public schools, all moneys collected from fines, forfeitures or 
breaches under any of the penal laws of this state, shall be paid into the 
county treasury and apportioned to the county school fund. 

206 



SCHOOL FUNDS 38:110 

Hist. '13, 1. 161, p. 530; '93, p. 187, § 28, re- Fines: The school fund is entitled to all for- 

enacted '99, p. 85, § 28 ; R. C. § 603, reenacted '11, feitures and fines under the penal laws, except those 

c. 159, § 65, p. 510. forfeitures and fines which are directed by special 

Cross ref. Fines and forfeitures set apart for ,aws . to be paid into some other fund, the special 

school fund, § 8440 ; but costs must be apportioned /ovisions of which prevail over the general pro- 

to the general expense fund, § 8442. vision of this section. O. A. G. 11-12, p. 82. 

38:109. Apportionment of school funds to counties. The income of 
the state school fund and taxes collected by the state for the support of 
the public schools which shall be received up to the first day of January 
and the first day of July of each year, shall be distributed semiannually 
during said months, respectively, in each year among the several counties 
of the state from which reports have been received by the state superin- 
tendent of public instruction, as provided in this chapter, in proportion to 
the number of children of school age, as shown by the last school census 
list of each county, and the superintendent of public instruction shall cer- 
tify such apportionment to the state auditor, and, upon such certificate, 
the auditor shall draw his warrant in favor of the county treasurer of 
each county, for the amount due such county. The superintendent shall 
also certify to the treasurer and superintendent of each county the amount 
apportioned to each county. 

Hist. R. C. § 604, reenacted '11, c. 159, § 66, p. the months of January and July, and cannot be 
510 ; '93, p. 187, § 29, reenacted '99, p. 85, § 29. made at any other times. O. A. G. to Ethel E. Red- 
Distribution of school funds: Distribution of held, 3-29-17. 
school funds must be made semiannually during 

38:110. Apportionment by county superintendents. The county 
superintendent shall require from the county treasurer quarterly each 
year a report of the amount of money on hand to the credit of the school 
fund of his county, not already apportioned, and the county treasurer 
shall furnish such report when required. The county superintendent, upon 
receiving such report, shall proceed to apportion the public school moneys, 
both county and state, reported by the county treasurer to be in the county 
treasury, among the several school districts in the following manner, 
to wit : 

Forty per cent of the whole amount he shall apportion among the sev- 
eral districts of his county in proportion to the number of teachers regu- 
larly employed by each district ; 40 per cent of the whole amount he shall 
apportion per capita among the several districts in proportion to the num- 
ber of children in each district as shown by the last report of the census 
marshal: Provided, That no district shall be considered as having less 
than 15 census pupils for the purpose of apportioning all school moneys ; 
17 per cent of the whole amount or so much thereof as is needed he shall 
use for the relief of all districts organized under article 4 of this chapter, 
which, after having levied a special tax of 10 mills, have not sufficient 
funds, including their regular apportionment, to maintain the minimum 
term as provided in section 80 of this chapter. The county superintendent 
shall be the judge of the needs of such districts. Three per cent of the 
whole amount or so much thereof as is needed he shall apportion among 
the rural high school districts and consolidated districts which carry ap- 
proved high school work meeting the requirements set forth in section 
237 of this chapter in proportion to the number of teachers regularly 
employed in such high school work. The amount apportioned to any such 
high school shall not exceed the sum of $300 in any school year for each 
teacher so employed in such high school, in addition to its share of the 
first apportionment of 40 per cent, as above provided for. 

Any amount remaining after the apportionment, as above set forth, 
shall be apportioned among the several districts in accordance with the 
school census as provided above for the apportionment of the second 40 
per cent: 

207 



38:111 EDUCATION 

Provided, For all apportionments in this section any joint district or 
joint rural high school district shall receive from each county in. which it 
lies for every teacher such portion of a teacher's share as the census of 
the part of the joint district which lies in said county bears to the whole 
census of the joint district. 

Hist. '17, c. 57, S 1, P. 171; '97, p. 79, § 15, re- Cited: Clay v. Comrs. Madison Co. (1917) 30 I. 

enacted '99, p. 306, § 15 ; R. C. § 605; '09, p. 77, 194, 168 P. 667. 

S " F-f.^iV ' U q9 C ' 91 J 6? ' P ' 511 ; 12 * C ' 13 ' § 2 * Not repealed: '17, c. 170, p. 503, does not repeal 

p. 51 ; 15, c. 9-i, p. -1_. or aDrC g a te this section, relating to the apportion- 

Cross ref . Apportionment to new districts : ment and distribution of moneys but relates to the 

•°-8:73. Apportionment of funds of lapsed districts: raising of a school fund by taxation. O. A. G. to 

38:74. Minimum school term necesary to secure Margaret Knowlton, 4-14-17. 
apportionment: 38:80. Payment of high school 
tuition computed under this section : 38 :262-3. 

38:111. Accounts of treasurers with school districts. It is hereby 
made the duty of the county treasurer of each county to keep a separate 
account with each school district in the county ; place to the credit of each 
the amount of money certified to by the county superintendent, as pro- 
vided in this chapter, and to pay over the money on legally drawn war- 
rants or orders of the district officers entitled to the same : Provided, That 
it shall be the duty of the county superintendent, whenever any board of 
trustees fails to comply with the provisions of this chapter, or any subse- 
quent act, to notify the county treasurer in writing that there has been a 
failure upon the part of such board of trustees to comply with the law. 
Whereupon it shall be the duty of the county treasurer to withhold all 
moneys apportioned to the district governed by said board of trustees, 
until he shall have received notice from the county superintendent that 
the board governing said district has fully complied with the law. All 
moneys that shall be finally forfeited by any district shall be put into the 
general school fund of the county and be apportioned as other moneys. 
And it shall be the duty of said treasurer to receive and hold, as special 
deposits, all moneys belonging to the public school fund of his county, in 
accordance with the provisions of this chapter, and to pay them over only 
on warrants of the county auditor. 

Hist. '11, c. 159, § 68, p. 512, as modified by '13. erintendent must keep separate accounts with each 

c, 58, S 200, p. 238. See O. A. G. '13-14, p. 38; school district in the county. The auditor keeps 

'93, p. 187, S 31; '97. p. 11, § 1 ; '99, p. 85, S 31; the controlling or general account as between the 

'01, p. 217, § 8 ; R. C. § 606. districts and the officers above named must do the 

School accounts: The county treasurer and sup- bookkeeping. O. A. G. '11-12, p. 56. 

38:112. Same: Duties of county superintendent. It shall be the 
duty of the county superintendent in each county to keep a separate ac- 
count with each school district in his county; to place to the credit of each 
district the amount apportioned by him as provided for in this article; to 
countersign all legally drawn warrants and orders of the district officers 
entitled to draw the same; to enter the same upon his books in proper 
form, giving date, number of such warrant or order, to whom drawn, for 
what purpose, and the amount of the same. And further, it shall be the 
duty of the county superintendent to collect, by process of law, all penal 
fines not paid over by the justices of the peace, or other officers required 
by law to pay the same into the county treasury; and the same may be 
collected and recovered by action at law, in which the state of Idaho, by 
the county superintendent, is plaintiff and the officer neglecting or refus- 
ing to pay over said moneys is defendant. 

Hist. R. C. § 607, reenaoted '11, c. 159, § 69. p. signed by county superintendent and thus approved. 

513; '93, p. 187, § 82, reenacted '99, p. 85, S 32. I'iscretion given superintendent in approval or re- 
Approval of warrants: Warrant drawn on the section of claims. O. A. G. to E. O. Sisson, 4-26-17. 

school fund is not a valid obligation until counter- 

38:113. School warrants: How drawn. It shall be the duty of the 
county auditor, upon presentation of any order from the clerk of the 
board of trustees of any school district in his county, (said order also 
being signed by the chairman of the said board of trustees, or in his ab- 



SCHOOL FUNDS 



38:117 



sence, by the other members of the board) to draw his warrant upon the 
school fund standing to the credit of the said district in favor of the per- 
sons mentioned in said order: Provided, That the said orders have been 
countersigned by the county superintendent, but in no case shall he issue 
a warrant for a greater amount than there is cash in the treasury to the 
credit of said district, except as provided in the four following sections: 
Provided further, That, in the case of independent school districts, the 
above shall be inoperative and the warrant of the clerk of the board, coun- 
tersigned by the chairman of the board, or, in his absence, by the other 
members of the board, shall become a demand on the treasurer of the in- 
dependent school district for the amount of the warrant. In no case shall 
a warrant be issued in an independent school district for a greater amount 
than there is cash in the treasury of the district, except as provided in the 
four following sections. 



Hist. Ml. c. 159, g 70, p. 513, '93, p. 187, § 33; 
•<»7, p. 11, S 2, reenacted '99, p. 85, S 33, modified 
by '05, p. 93; R. C. § 608. 

Approval of county superintendent: In the case 
( i the ordinary district, the school moneys of the 
district are deposited with the county treasurer, and 
are under the control of the county school superin- 
tendent. In the case of the independent district, 
the school money is deposited in the possession of 
that particular district, and over it the county su- 
perintendent has no power. O. A. G. '11-12, p. 86. 

Warrants against school fund must be counter- 
signed and thus approved by county superintendent 
before county auditor authorized to pay same. 
O. A. G. to E. O. Sisson, 4-26-17. 

Claims: The board may allow the claim of a 



person to reimburse him for money advanced for 
a lawful expenditure on behalf of the district. O. 
A. G. '11-12, p. 82. 

Interest on warrants: Warrants held by county 
superintendent for examination preceding approval 
or rejection do not draw interest. Interest accrues 
only upon presentation of warrant countersigned 
by superintendent to auditor. O. A. G. to E. O. 
Fisson, 4-26-17. 

School accounts: The law does not require that 
the auditor keep the accounts of each school dis- 
trict separately. The county treasurer and superin- 
tendent must keep separate accounts with each 
school district and the auditor keeps the controlling 
or general account as between the districts. O. A. 
G. '11-12, p. 56. 



38:114. Deficiency warrants: When allowed. The trustees of any 
school district may issue orders for warrants for the payment of teachers 
for their services in teaching, and for other necessary expenses connected 
with the school, whether or not there is any money in the treasury to the 
credit of the district issuing such orders for warrants: Provided, That 
the total amount of such orders for warrants do not exceed the income 
and revenue for such district for such year^ Provided further, That the 
total amount of such orders for warrants or independent school district 
warrants shall not exceed 95 per cent of the income and revenue for such 
district for such year, until such income and revenue has been paid into 
the treasury to the credit of the district issuing such orders for warrants. 



< 



Hist. '11, c. 159, § 71, p. 513; '05, p. 93, § 1; 
R. C. S 609. 

38:115. Superintendent to countersign orders. It shall be the duty 
of the county superintendent of the county in which such orders for war- 
rants are issued to countersign all such legally drawn orders for warrants 
when presented to him for signature. 

Hist. R. C. § 610, reenacted '11, c. 159, § 72, p. 
514; '05, p. 93, § 2. 

38:116. Issuance of warrants: Duties of auditor. On the pre- 
sentation of an order for a warrant properly countersigned by the county 
superintendent, the county auditor shall issue a county warrant for the 
same as provided by law, after which he shall return the order for the 
warrant to the clerk of the school district from which said order was 
issued. 

Hist. '13, c. 115, § 11, p. 445; '05, p. 93, f 3; 
R. C. § 611, reenacted '11, c. 159, § 73, p. 514. 

38:117. Warrants: Presentment. The person holding such war- 
rant issued by the county auditor or independent school district may pre- 
sent the same to the county treasurer or independent school district treas- 
urer for payment. If there is not money in the treasury to the credit of 
the said district on which the warrant is drawn to pay such warrant, the 
treasurer shall indorse on the back of said warrant, "Not paid for want of 

209 



38:118 



EDUCATION 



funds." Warrants so indorsed by the county treasurer or independent 
school district treasurer shall draw interest at the rate of 7 per cent per 
annum from the date of indorsement until paid: Provided, That, when 
the warrants of the district shall be at a discount, the warrants shall be 
drawn for a sufficient amount to cover the discount. 

Hist. '11, c. 159, § 74, p. 514; '05, p. 93, § 4; 
R. C. § 612. (See R. C. § 2056.) 

38:118. Investment of surplus money. Whenever there shall have 
accumulated in the hands of the treasurer of any school district in the 
state, moneys belonging to said school district to an amount in excess of. 
the amount which, in the opinion of the school district board of said dis- 
trict, shall be necessary for the current expenses of maintaining the 
schools in said district, the same shall be invested by said board in "United 
States bonds, state bonds, state warrants or county warrants, when the 
market value thereof is not below par. And said board shall deposit said 
securities in some safe deposit, and they shall there be kept until it shall 
become necessary to convert the same into money for school district pur- 
poses, to be determined by said board. 

Hit. R. C. § 613, reenacted '11, c. 159, § 75, p. Loans to board: The trustees of an independent 

514 ; '90-91, p. 186, § 1, reenacted '99, p. 85, § 86. district have no authority to loan funds to a mem- 

ber of the board. O. A. G. '09-10, p. 42. 

38:118a. Embezzlement of school funds. All funds belonging to 
any school district, other than independent, of this state, and coming into 
the hands of any trustee, officer or employee thereof, from the sale or 
disposal of school property, or from any other source, except upon war- 
rant drawn upon the county treasurer therefor, shall be at once deposited 
by such trustee, officer or employee, with the county treasurer and there 
credited to the school fund of the district. Any person violating the pro- 
visions of this section is guilty of a felony. 



Hist. '15, c. 125, p. 272. 

ARTICLE 7. 
SCHOOL DISTRICT BONDS. 

38:119. Bond elections. The board of school trustees of any school 
district may, whenever a majority so decides, submit to the qualified elec- 
tors of such district the question whether the board shall be authorized 
to issue coupon bonds for a period of years, not to exceed 20, payable on 
the amortization plan and in an amount not to exceed 6 per cent of the 
assessed valuation of the property in said district and bearing interest at 
a rate not to exceed 6 per cent per annum, for the purpose of building 
one or more schoolhouses in said district and providing the same with all 
necessary furniture, desks, blackboards, globes, charts, outlines, maps, 
etc. And the board of school trustees of any school district which, prior 
to the date of the approval of this chapter, has issued bonds for any of 
the purposes enumerated in this section may submit to the qualified elec- 
tors of such district the question whether the board shall be authorized 
to issue coupon bonds, payable on the amortization plan, to refund or take 
up any of the bonded indebtedness of such district, at a rate of interest not 
to exceed 6 per cent per annum. 



Hist. '17, c. 58, § 1, p. 173; '93, p. 187, § 69, re- 
enacted '99, p. 85, § 69 ; '01, p. 12, § 1 ; '03, p. 344, 
§ 1; R. C. § 642; '11, c. 159, § 76, p. 515; '13, 
c. 160, p. 529. 

Cross ref. Qualifications of voters: See annota- 
tion to 38:78. 

Cited: Ewin v. Ind. Sch. Dist. No. 8 (1904) 10 I. 
102, 77 P. 222. 

Basis for bond issue: The right of the district to 
issue bonds does not depend upon its title to the 
land on which the school building is erected, but, 
en the vote of the people, and the taxable property 
in the district. O. A. G. '09-10, p. 49. 

Cottages: Common school district not authorized 



to bond to build cottages to accommodate teachers. 
O. A. G. to E. O. Sisson, 4-11-16. 

No option to redeem: Under the amortization 
plan no option to redeem is reserved to the school 
district. O. A. G. to D. C. Kuntz, 4-13-17. 

Payment of principal and interest: By rule of 
the state board of land commissioners, interest and 
principal on bonds sold to state are payable semi- 
annually on the first days of January and July. 
Land board rules. Principal is to be paid in equal 
installments, the amount of each installment to be 
determined by dividing the full amount of the bond 
issue by the number of years for which the issue is 
made. The result divided by two gives the semi- 
annual principal payment. Land board rule 65. 



210 



SCHOOL DISTRICT BONDS 38:124 

38:120. Same: Notices: Ballots. A bond election must be called 
as follows : The clerk of the board of trustees shall, at least 10 days prior 
to such election, post notices thereof, on blanks provided by the county 
superintendent for that purpose, specifying the time and place of holding 
such election and the question to be submitted to the electors. Said notices 
must be posted in three public places in the district, one of which shall be 
the schoolhouse, if there be one, and the affidavit of the clerk of the board 
of trustees that said notices were posted as required herein shall be suf- 
ficient proof of such posting and notice to the electors. Such elections 
must be held in the manner prescribed for elections in this chapter. The 
ballots must contain the words "bonds, yes" or "bonds, no." 

Hist. '17, c. 58. first part of § 2, p. 174; '93, p. some with "bonds, no," and a voter could use either 

187, S 70, first sentence, reenacted '99, p. 85, § 70, form of ballot as his judgment dictated. O. A. G. 

frst sentence, reenacted R. C. § 643, first sentence, '05-06, p. 135. 
reenacted '11, c. 159, first sentence of § 77, p. 515. Counting votes before polls close: The counting 

Form of ballots: To comply literally with the of ballots before the polls close is improper. O. A. 

terms of the statute separate ballots would have to G. to Harriet M. Wilson, 5-15-17. 
be printed, some with the words "bonds, yes" and 

38:121. Issuance and registration of bonds. If two-thirds of the 
votes cast at such elections are "bonds, yes," the board of trustees must 
issue such bonds in such form as said board may decide. They must bear 
the signature of the chairman of the board of trustees and be counter- 
signed by the clerk of the school district, and the coupons attached to the 
bonds must be signed by said chairman and said clerk; and each bond so 
issued must be registered by the county treasurer in a book provided for 
that purpose, which must show the number and amount of each bond 
and the person to whom the same is issued, and the said bonds must be 
sold by the said school trustees as hereinafter provided. 

Hist. '17, c. 58, part of § 2, p. 174; '93, p. 187, reenacted R. C. S 643, last part, reenacted '11, c. 
g 70, last part, reenacted '99, p. 85, § 70, last part, 159, last part of § 77, p. 515. 

38:122. Same: When approval of county commissioners neces- 
sary. Provided, That when more than 50 per cent of the taxable property 
in any district is owned by nonresident persons or corporations no issue 
of bonds for such district shall be made until the proposed issue has been 
approved by the board of county commissioners at one of its regular meet- 
ings. The board of county commissioners shall have authority, upon a 
showing that the amount of money proposed to be raised by such bond issue 
is more than is reasonably necessary for the present use of the district, 
to reduce said amount, but in no case shall such board have authority to 
make an increase in the amount of the said proposed issue. 

Hist. '17, c. 58, part of § 2, p. 174. 

38:123. Same: Appeal from order approving issue. The board of 
trustees of said district or any person or corporation paying taxes on a 
property valuation of not less than $10,000 in said district may, within 
30 days after the rendition of the decision of the board of commissioners, 
appeal therefrom to the state board of education, whose decision in said 
matter shall be final. 

Hist. '17, c. 58, last part of § 2, p. 174. 

38:124. Sale of bonds: Preferential right of state. When an issue 
of bonds has been authorized the board of trustees shall immediately offer 
the same to the state board of land commissioners of the state of Idaho for 
purchase out of funds under the control of the said board. And whenever 
an offer of bonds is so made to the said state board of land commissioners 
it shall be the duty of the said board to promptly notify the board of trus- 
tees whether the state of Idaho will purchase the said bonds and, if such 
purchase will be made, the rate of interest thereon which will be charged. 

Hist. '17, c. 58, first part of § 3, p. 175. Id«ho to exercise preferential right of purchase of 

,,.„.,,. + • + „ oa ji schoo bonds, §§ 158<e to 158n, inc. 

Cross ref. As to duty of all school districts as 

well as common school districts to permit state of 

211 



38:125 EDUCATION 

38:125. Same: Notice of, on rejection by state. If the state board 
of land commissioners will not purchase such bonds or if the board of 
trustees believe that a lower rate of interest may be obtained elsewhere, 
the said board of trustees must proceed as follows: The school trustees 
must give notice in some newspaper published in the state for a period of 
not less than four weeks to the effect that said school trustees will sell 
said bonds, briefly describing the same and stating the time when and the 
place where said sale will take place. 

Hist. '17, c. 58, part of § 3, p. 175; '93, p. 187, £ 71, reenacted R. C. § 644, first part, reenacted '11, 
first part of § 71, reenacted '99, p. 85, first part of c. 159, first part of § 78, p. 515. 

38:126. Same: Bids: Minimum. Provided, That the said bonds 
must not be sold for less than their par value, and the trustees are author- 
ized to reject any bids and to sell said bonds at private sale if they deem 
it for the best interest of the district, and all moneys arising from the sale 
of said bonds must be paid forthwith into the treasury of the county in 
which said district may be located, to the credit of said district, and the 
same are immediately available for any of the purposes authorized by 
this chapter. 

Hist. '17, o. 58, last part of § 3, p. 175; '93, p. of § 71, reenacted R. C. § 644, last part, reenacted 
187, last part of S 71, reenacted '99, p. 85, last part '11, c. 159, last part of § 78, p. 516. 

38:127. Liability of districts for bonds. The faith of each school 
district is solemnly pledged for the payment of the interest and the re- 
demption of the principal of all bonds, which are issued under this article. 
And for the purpose of enforcing the provisions of this article, each school 
district is a body corporate, and may sue and be sued by or in the name 
of the board of school trustees of said district. 

Hist. R. C. § 645, reenacted '11, c. 159, § 79, p. School district not a municipal corporation: Fen- 

516; '93, p. 187, § 72, reenacted '99, p. 85, § 72. ton v. Comrs. of Ada Co. (1911) 20 I. 392, 119 P. 

Cross ref. Corporate name and existence: 38:65. 41 • Barton v. Alexander (1915) 27 I. 286, 148 P. 471. 

38:128. Levy by commissioners for bond payments. Whenever 
bonds have been issued in any district it shall be the duty of the clerk of 
the board of trustees of said district to notify the county treasurer of 
such issue, specifying clearly the amount thereof, the rate of interest and 
the terms and conditions of payment. It shall thereafter be the duty of 
the county treasurer to furnish the board of county commissioners, at or 
before its meeting on the second Monday in September, a statement show- 
ing the amount of the annual payment on said bonds and the amount of 
interest thereon which will fall due during the next ensuing year. It 
shall be the duty of the board of county commissioners, at its said meeting 
on the second Monday in September, to levy on the taxable property in 
the said district the tax necessary to meet the annual payment on said 
bonds and the interest thereon as they become due. 

Hist. '17, c. 58, § 4, subd. (a), p. 175, superseding 
'11. c. 159, § 80, p. 516, which reenacted R. C § 

646. 

38:129, Same: Bonds issued on sinking fund plan. For the pur- 
pose of providing for the payment or partial payment of any bonds issued 
on the sinking fund plan prior to March 20, 1917, it shall be the duty of 
the county treasurer to notify the board of county commissioners, at or 
before its meeting on the second Monday in September, of the amount of 
money needed during the ensuing year to pay interest on such bonds and to 
meet the sinking fund requirements thereof for that year, and it shall be 
the duty of the board of county commissioners, at its said meeting, to levy 
on the taxable property in the said district the tax necessary to meet the 
said interest and sinking fund requirements. 

Hist. '17, c. 58, § 4, subd. (b), p. 175, superseding amendatory act, which carried an emergency, sub- 
'11, c. 159, § 80, p. 516, which reenacted R. C. § stituted for phrase "the date on which this act be- 
646. "March 20, 1917," the date of approval of the comes effective." 

2)2 



SCHOOL DISTRICT BONDS 38:135 

38:130. Same: Apportionment of funds raised. It shall be the 
duty jof the board of county commissioners to specify separately the mill 
levy imposed by it for all bond requirements, including interest, and when- 
ever any taxes are collected on the property of any district the proper 
percentage of such taxes shall be apportioned by the county auditor to 
and placed by the county treasurer in a separate fund to be designated as 

bond fund of (designating the district), and the said money so 

apportioned and placed in the said fund shall be paid out by the county 
treasurer only for the payment of the principal and interest of bonds 
issued by such district. 

Hist. '17, c. 58, § 4, subd. (c), p. 175, superseding 
'11. c. 159, § 80, p. 516, which reenacted R. C. § 
646. 

38:131. County treasurer to deposit funds. It shall be the duty of 
the county treasurer to keep all money in the bond fund of any district 
deposited in banks, as now provided by law for public money generally, 
and all interest on said money shall be credited, as paid, to the proper fund. 

Hist. '17, c. 58, § 4, subd. (d), p. 175, superseding 
'11, c. 159, § 80, p. 516, which reenacted R. C. § 646. 

38:132. Manner of levy and collection of tax. Any tax levied under 
the provisions of sections 128 to 130 of this chapter shall be a lien upon 
the property of the said school district and must be collected in the same 
manner as other taxes are collected. 

Hist. '17, c. 58, § 4 subd. (e), p. 175, superseding 
'11, c. 159, § 80, p. 516, which reenacted R. C. § 646. 
Cross ref . Collection of taxes : 38 :83. 

38:133. Redemption of bonds. When the sum in the sinking fund 
equals or exceeds the amount of any bond then due the county treasurer 
shall post in his office a notice that he will, within 30 days from the date 
of such notice, redeem the bonds then payable, giving the number thereof, 
and the preference must be given to the oldest issue, and if, at the expira- 
tion of the said 30 days the holder or holders of said bonds shall fail or 
neglect to present the same for payment, interest thereon must cease ; but 
the treasurer shall, at all times thereafter, be ready to redeem the same 
on presentation, and when any bonds are so purchased or redeemed the 
county treasurer must cancel the same by writing across the face of each 
bond in red ink the word "redeemed" and date of such redemption. 

Hist. R. C. § 647, reenacted '11, c. 159, § 81, p. sale of school district bonds it is decided not to use 

516, reenacted '13, c. 148, first part of § 1, p. 516, the money, the money derived from the sale can be 

reenacted '17, c. 58, first part of § 5, p. 176 ; '93, employed to pay them off by a meeting of the school 

p. 187, S 74, reenacted '99, p. 85, § 74, substantially district being called and two-thirds of the voters 

reenacted R. C. § 647. present, qualified to vote at bond elections, voting 

Recission bond sale: If after voting, issuance and to retire the bonds. O. A. G. '15-16, p. 37. 

38:134. Same: Bonds sold to state. Where such bonds have been 
sold to the state of Idaho the said county treasurer shall, when any bond 
is due, send the money for the redemption of such bond to the state board 
of land commissioners at Boise, Idaho, for the purpose of redeeming such 
bond or bonds. The said state board of land commissioners, on receipt 
of said money, if received at a proper time for payment of said bond, shall 
cancel said bond by writing across the face of each bond in red ink the 
word "redeemed/' and the date of the redemption, and shall return such 
bond or bonds to the county treasurer sending such money for the redemp- 
tion thereof. 

Hist. '13, c. 148, last part of § 1, p. 516, re- 
enacted '17, c. 58, part of § 5, p. 177. "Provided, 
however, that," at the beginning, omitted. 

38:135. Redemption of bonds issued on amortization plan. When 
the last annual payment on any bond issued on the amortization plan, to- 
gether with the interest thereon, has been paid the said bond shall be sur- 
rendered to the county treasurer, who must cancel the same by writing 

213 



38:136 EDUCATION 

across the face thereof in red ink the word "redeemed," and the date of 
such redemption. 

Hist. '17, c. 58, last part of § 5, p. 177. "Provid- 
ed, that," at the beginning, omitted. 

38:136. Payment of interest and annual installments. The county 
treasurer must pay, out of any money belonging to a school district, the 
annual payments and the interest upon any bonds issued under this v article 
by such school district when the same becomes due upon the presentation 
at his office of the proper coupons, which must show the amounts due 
and the number of the bond to which they belonged, and all coupons so 
paid must be reported to the clerk of the board of trustees of such district 
and to the county superintendent : Provided, That when such bonds have 
been sold to the state of Idaho and the county treasurer has money in the 
fund for the purpose of paying the annual payment and interest on such 
bonds when due such county treasurer shall send such money for such 
payments to the state board of land commissioners at Boise, Idaho, and 
the said board, on receipt of such money, shall clip the proper coupons, 
cancel the same and return them to the county treasurer. 

Hist. '17, c. 58, § 6, p. 177; '93, p. 187, § 75, re- enacted '11, c. 159, § 82, p. 517; '13, c. 148, § 2, 
enacted '99, p. 85, § 75, reenacted R. C. § 648, re- p. 517. 

38:137. Bonds. Printing and form. The school trustees of any 
district must cause to be printed or lithographed at the lowest rates suit- 
able bonds with the coupons attached, when the same becomes necessary, 
and pay therefor out of any moneys in the county treasury to the credit 
of the school district: Provided, That the state board of education shall 
prescribe a form of bond which shall conform to the provisions of this 
chapter for use by the school districts of the state and may, should it so 
determine, cause to be suitably printed or lithographed a supply of said 
bonds and furnish them to the school districts of the state as desired. 

Hist. '17, c. 58, § 7, p. 178; '93, p. 187, § 76, re- 
enacted '99, p. 85, § 76, reenacted R. C. § 649, re- 
enacted '11, c. 159, § 83, p. 517. 

38:138. Neglect to pay over money a felony. If any of the school 
trustees, other than independent school district trustees having their own 
treasurer, fraudulently fail or refuse to pay into the county treasury the 
money arising from the sale of any bonds provided for by this article, 
they are guilty of a felony. 

Hist. '11, c. 159, § 84, p. 517; '93, p. 187, § 77, 
reenacted '99, p. 85, $ 77, reenacted R. C. § 650. 

ARTICLE 8. 
TEACHERS. 

38:139. Register and report of teachers. Teachers of the public 
schools must be furnished with a school register by the trustees of the 
district, for the purpose of registering the names of their pupils, and their 
daily attendance at schools, and at the close of the term said register 
must be delivered to the clerk of the board of trustees of the district. The 
teacher must also be furnished with a blank report by said trustees, which 
report said teacher must fill up according to the heading of the same and 
transmit it to the county superintendent of the county at the close of the 
term, and no teacher shall be allowed an order in excess of 90 per cent of 
his or her salary until said report is so made out and transmitted. 

Hist. R. C. § 629, reenacted '11, c. 159, § 85, p. 
517; '93, p. 187, § 47; '95, p. 31, $ 1, reenacted '99, 
l> 85, $ 47, reenacted by R. C. § 629. 

38:140. Suspension of pupils by teachers. Every teacher in the 
public schools may suspend, for good cause, any pupil, and report such 
suspension to the board of trustees for review. If the action of the teacher 
is sustained by the board, the pupil may be censured and returned to the 

214 



CERTIFICATION OF TEACHERS 38:144 

school or expelled from school, as in the judgment of the board seems 
proper ; but if not sustained, the teacher may appeal to the county superin- 
tendent, whose decision shall be final. 

Hist. R. C. § 630, first paragraph, reenacted '11, '09. p. 85, § 48; '99, p. 337, § 1; '01, p. 215, § 1, 
c. 159, § 86a, p. 517 ; '93, p. 187, § 48, reenacted first paragraph, reenacted R. C. § 630. 

38:141. General duties of teachers. Every teacher shall make re- 
ports, in addition to those mentioned elsewhere in this chapter, which may 
be required by the state superintendent, county superintendent, or by the 
school district board of trustees; shall use the text books provided for 
the schools of the state ; enforce the course of study and the rules and the 
regulations prescribed by the state superintendent ; hold pupils to a strict 
account for disorderly conduct or improper language in or about the build- 
ing, on the playgrounds, and on the way to and from school ; shall keep 
himself or herself without reproach, and endeavor to impress upon the 
minds of the pupils the principles of truth, justice, morality, patriotism, 
and refinement, and to avoid idleness, falsehood, profanity, vulgarity and 
intemperance; give attention during every school term to the cultivation 
of manners, and shall, if there be a library in the school, devote not less 
than one hour in each week to systematically reviewing the works con- 
tained therein. 

Hist. '11, c. 159, § 86h, p. 518; '93, p. 187, § 48, 
reenacted '99, p. 85, § 48; '99, p. 337, § 1; '01, p. 
215, § 1, reenacted R. C. § 630, second paragraph. 

38:142. Teachers must have certificates. No teacher shall be en- 
titled to, or receive, any compensation for the time he or she teaches in 
any public school without a certificate valid or in force for such time in 
the county where such school is taught, except that if a teacher's certifi- 
cate shall expire by its own limitation within six weeks of the close of the 
term, such teacher may finish such term without reexamination or re- 
newal of his or her certificate. 

Hist. R. C. § 631, reenacted '11, c. 159, § 87, p. her, where the second teacher does not have a cer- 

518 • '93, p. 187, § 49, reenacted '99, p. 85, § 49. tificate, the law does not contemplate any proceed- 

Substitute: As to whether or not it is allowable ^«* of this kind - °- A - G - ' n ~ 12 > P- 81 - 
for a teacher to employ another teacher to assist 

ARTICLE 9. 

CERTIFICATION OF TEACHERS. 

Note: This article on certification of teachers is apparently based upon §§ 560-564, although 
the latter were expressly repealed by '11, c. 159, § 1, p. 485, being superseded by §§ 88 et seq. 
of the last named act and herein contained. 

38:143. Certificates not granted to aliens. No person shall be 
granted a certificate or employed as teacher in any public school who is 
not a citizen of the United States, or who has not declared his intention 
to become such. 

Hist. '11, c. 159, § 88, p. 518. 

38:144. Examinations. Examinations for all classes of certificates, 
both state and county, shall be held beginning the fourth Thursday in 
July and the third Thursday in November of each year. The examinations 
for each county shall be held in a suitable room at the county seat, and 
such examination shall be under the charge of the county superintendent, 
and shall be conducted in accordance with the rules and regulations of 
the state board of education. The questions used in these examinations 
shall be such only as are sent out under seal by the state board of educa- 
tion, and the questions shall be opened on the day of examination in the 
presence of those to be examined. The county superintendent shall send 
all examination papers of teachers to the office of the state superintendent 
for grading in accordance with section 30 of this chapter. 

Hist. '15, c. 153, § 2, p. 327 ; '11, c. 159, § 89, p. 

518. 

215 



38:145 EDUCATION 

State and Life Certificates. 

38:145. Classes of certificates. The certificates issued by the state 
board of education shall be state certificates and specialists' state certifi- 
cates, each of which shall be valid for eight years, and state life certificates 
valid for life, unless revoked for cause, and state high school certificates, 
as hereinafter provided. 

Hist. '15, c. 153, § 3, subd. 90 (a) ; '11, c. 159, S State certificate: Certificate issued by state board 

90, p. 519. kood for two years and not valid in high schools, 

Cross ref. Effect of state certificates upon eli- cannot be said to be state certificate. P. v. Kadletz 

gibility for office of county superintendent: 38:49. (1917) 30 I. 698, 167 P. 1161. 

38:146. Same: Where valid. State life certificate and state cer- 
tificates shall be valid in all schools and grades. State specialists' certifi- 
cates shall be valid in all schools and grades but only in the special sub- 
jects for which they are issued. State high school certificates shall be 
valid in grades from the 7th to the 12th inclusive. County certificates as 
hereinafter provided, shall be valid in all elementary schools. 

Hist. '15, c. 153, § 3, subd. 90 (b), p. 327; '11, 
c. 159, § 90, p. 519. 

Cited: P. v. Kadletz (1917) 30 I. 698, 167 P. 1161. 

38:147. Same: Power of state board of education. The state 
board of education shall have power to make rules for the giving of credit 
for successful experience in school work and in other ways recognizing 
equivalents for the specific requirements for the various certificates. Such 
rules shall be general and shall be published in a pamphlet issued by the 
state board of education containing the statutes concerning certification 
and the regulations of the state board. 

Hist. '15, c. 153, S 3, subd. 90 (c), p. 327; '11, 
c 159, S 90, p. 519. 

38:148. State certificate by indorsement. The state board of educa- 
tion may issue state certificates to persons of good moral character who 
are graduates from the advanced course (two years' normal work above 
a four-year high school course) of state normal schools of other states, and 
to graduates of an A. B. or B. S. course, or of the department of education, 
in any college or university in other states, said state normal school, col- 
lege or university to be approved by the Idaho state board of education, 
and to persons who hold state life certificates issued upon examination in 
other states : Provided, That all applicants for certificates under this 
chapter shall have been actually engaged in teaching within two years of 
the date of making such application and shall present with such applica- 
tion satisfactory proof of having been successfully engaged in teaching 
for a period of not less than 18 months, together with certificate of gradu- 
ation from such approved state normal, college, or university, and in addi- 
tion shall have credit in an examination in Idaho civil government includ- 
ing school law, and Idaho manual of the course of study. Such certificates 
may be renewed by the state board of education so long as the holder 
thereof is worthy, in its judgment, of continuing to teach in the state. 

Hist. '15, c. 153, § 4, subd. 91 (a) ; '11, c. 159, § is sufficient, and subsequently issues a certificate 

91 (a), p. 519 ; '13, c. 115, § 12, subd. 91 (a), p. 446. thereon, then the applicant is entitled to have such 

Date of certificate: When application is made to certificate issue as of the date such application and 

the state board and the necessary credentials and proof is made. Bradfield v. Avery (1909) 16 I. 769, 

proof are furnished and the board admits such proof 102 P. 687, 23 L. R. A. (N. S.) 1228. 

38:149. Specialists' state certificates. The state board of education 
may issue specialists' state certificates, good only for special teachers of 
music, drawing, manual training, domestic science, physical education, kin- 
dergarten, primary, commercial work, agriculture, and oral expression to 
persons of good moral character who present satisfactory evidence that 
they have completed at least two years' course in such specialty in an ap- 
proved college or school whose course of study in each specialty has been 

21S 



CERTIFICATION OF TEACHERS 38:153 

approved by the state board of education : Provided, That all candidates 
for such specialists' state certificates as above provided shall first present 
satisfactory evidence of having completed an academic course of a grade 
not lower than graduation from an approved high school before having 
entered upon such special course of two years' work: Provided further, 
That all candidates for such specialists' state certificates as above pro- 
vided, shall have credit in an examination on Idaho civil government in- 
cluding school law, and Idaho manual of the course of study: Provided 
further, That such specialists' state certificates shall authorize the holders 
to teach only in the special department or departments mentioned in said 
certificates. 

Hist. '15, c. 153, § 4, subd. 91 (b), p. 328; '11, 
c. 159, § 91 (b), p. 520; '13, c. 115, § 12, subd. 91 
(b), p. 446. 

38:150. Graduates of university and approved colleges entitled to 
certificates. Every graduate of an approved college or university of 
Idaho receiving either the degree of the bachelor of arts or bachelor of 
science, and the certificate of the head of the department of education of 
said college or university that he has completed the required work in said 
department, or in lieu of said certificate, has taught successfully in the 
public schools of the state for a period of two years, shall receive a state 
certificate from the state board of education, if in the judgment of said 
board the candidate is not otherwise disqualified. 

Hist. '13, c. 115, § 13, p. 447; '11, c. 159, § 92, 
p 520. 

38:151. Life certificates by indorsement. The state board of edu- 
cation may issue a life certificate to any person of good moral character 
who holds a life certificate from another state of approved educational 
standing when such applicant shall present proof that he has been suc- 
cessfully engaged in teaching for at least five years, two of which shall 
have been in the state of Idaho, and shall furnish satisfactory evidence of 
his or her ability to instruct and to manage any school in the state by 
showing that he is either professionally trained or qualified by experience 
to do such work : Provided, That the candidate has credit in examination 
in Idaho civil government including school law and Idaho manual of 
course of study. 

Hist. '15, c. 153, 8 5, p. 329; '11, c. 159, § 93, 
p. 520 ; '13, c. 115, § 14, p. 447. 

38:152. State certificates by examination. The state board of edu- 
cation shall issue a state certificate to any person of good moral character 
who shall pass a thorough examination in such branches as the state 
board of education may direct : Provided, That such applicant shall pre- 
sent proof that he has been successfully engaged in teaching for at least 
three years, and shall furnish the board with satisfactory evidence of his 
ability to instruct and to manage any school within the state, and shall 
hold at the time a valid first grade county certificate. 

Hist. '11, c. 159, § 94, p. 520. 

38:153. Life certificates by examination. The state board of edu- 
cation shall issue a state life certificate to any person of good moral char- 
acter who shall pass a thorough examination in such branches as the 
board may direct: Provided, That the applicant has been successfully 
engaged in teaching for at least five years, two of which shall have been 
in the state of Idaho, and shall furnish the board with satisfactory evi- 
dence of his ability to instruct and to manage any school within the state, 
and shall hold at the time a valid state certificate. 

Hist. '11, c. 159, § 95, p. 521. 

217 



38:154 education 

38:154. State board of education to grade and classify high schools. 

The state board of education of the state of Idaho is hereby empow- 
ered to grade and classify the high schools of the state into grades and 
classes, known as one, two, three, and four-year high schools; the state 
board of education is hereby empowered to adopt and publish standards 
and requirements required for each of said classes of high schools, to- 
gether with such requirements as they shall make for the elementary 
schools which precede these standard high schools so classified. 

Hist. '13, c. 168, § 1, p. 540, reenacted '15, c. 153, Cross ref. Course of studv prescribed by state 

S 6, subd. 1 p. 329. board of education: 38:21. 

38:155. High school certificates. The state board of education 
is hereby empowered to grant and issue teachers' high school certificates 
in the following classes and with the following regulations and require- 
ments : 

Hist. '13, c. 168, § 2, p. 540, reenacted '15, c. 153, 
$ 6, subd. 2, p. 329. 

38:156. Same. Candidates for all classes of high school certificates 
shall be required to have credit in examination in Idaho civil government 
including school law, and in high school curriculum, methods and organi- 
zation, including special high school conditions in Idaho. The latter ex- 
amination shall be based upon such texts and reports as may be deter- 
mined by the state board of education. 

Hist. '15, c. 153, § 6, subd. 2 (a), p. 330. 

38:157. Same: One-year certificate. Teachers' state high school 
one-year certificates shall be issued to any person otherwise qualified, upon 
the completion of at least two years' normal school or college work above 
high school grade of satisfactory character and quality; the course en- 
titling an applicant to such certificate must include at least two full semes- 
ters of professional work for teachers. Certificates granted under this 
section may be renewed for a term of two years by filing with the state 
board of education satisfactory evidence of not less than eight months' suc- 
cessful teaching. 

Hist. '15, c. 153, § 6, subd. 2 (b), p. 330; '13, 
c. 168, § 2d, p. 541. 

38:158. Same: Five-year certificates. Teachers' state high school 
five-year certificates shall be issued to any person otherwise qualified and 
applying therefor upon graduation from any approved college or univer- 
sity, who submits satisfactory evidence of not less than 14 months' suc- 
cessful experience ; or upon completion of not less than two years' normal 
school or college work above high school grade and not less than 30 months' 
successful experience: Provided, That the above mentioned college, uni- 
versity or normal school work shall include at least three full semesters of 
professional work for teachers. 

Hist. '15, c. 153, § 6, subd. 2 (c), p. 330; '13, 
c. 168, § 2b, p. 540. 

38:159. Same: Life certificates. Teachers' state high school life 
certificates may be issued to any person otherwise qualified applying there- 
for, upon graduation from an approved college or university, including at 
least four full semesters' work in professional courses for teachers, and 
upon satisfactory evidence being given of at least 21 months' successful 
experience; or to the holder of a state high school five-year certificate, 
with at least five years' successful experience, aggregating not less than 40 
months. 

Hist. '15, c. 153, § 6, subd. 2 (d), p. 330; '13, 
c. 168, § 2a, p. 540. 

38:160. Fees for certificates. The following fees are to be paid by 
persons receiving certificates in accordance with this chapter, and said 

218 



CERTIFICATION OF TEACHERS 38:165 

fees shall be paid to the state treasurer, whose receipt therefor must be 
filed in the office of the state board of education before the certificate is 
issued : 

For state life certificate, or state high school life certificate . .$10.00 

For state certificate, specialist's certificate or state five-year 

high school certificate or for renewal of any of the above. . . .$ 5.00 
For state one-year high school certificate or renewal of same....? 2.00 
All fees paid as provided above shall be deposited in the state treasury 
and credited to the teachers' certification fund and all money now placed 
to the credit of the state board of education fund is hereby transferred to 
the teachers' cetrification fund. The teachers' certification fund and all 
moneys existing therein at any time is hereby appropriated for use by 
the state board of education in defraying any and all expenses incurred 
by said board in carrying out the provisions of this chapter relating to the 
certification of teachers. 

Hist. '15, c. 153, '§ 7, p. 331; '11, c. 159, § 96, p. Cross ref. Teachers' certification fund to pay 

521. expenses of examinating board: 38:30. 

38:161. Revocation of certificates. The state board of education 
shall have power to revoke any state or state life certificate for any cause 
of disqualification which would have been sufficient ground for refusing 
to issue the same, had the cause existed or been known at the time of its 
issue : Provided, That before revoking any such certificate, the holder 
thereof shall have at least 30 days' notice to appear before the state board 
of education and show cause why such revocation should not be made. 

Hist. '11, c. 159, § 97, p. 521. 

38:162. Record of certificates and grades. The state board of edu- 
cation shall keep a record of all state and state life certificates granted or 
revoked, showing to whom issued, age of grantee, date of issue, grade of 
each certificate, and if revoked, the date and reason therefor. 

Hist. '11, c. 159, § 98, p. 521, reenacted '15, c. Cross ref. State board of education to keep rec- 

153, § 8, subd. 98a, p. 331. ord of teachers' certificates. 38:31. 

38:163. Same: Grades. A record shall be kept of all grades 10 
per cent above passing grade of all candidates for certificates who fail to 
obtain such certificates. At any time within 12 months from the date of 
the examination at which such grades were attained, the candidate may 
again be examined for a certificate and receive credit for such grades. 
After 12 months such grades shall be cancelled and cease to have validity. 

Hist. '15, c. 153, § 8, sudb. 98b, p. 331. 
Cross ref. State board of education to keep rec- 
ord of teachers' examination grades: 38:31. 

38:164. Same: State board of education to prescribe rules. The 

state board of education shall have power to make rules for the recording 
upon any certificate of a statement of special training or other experience 
concerning which the holder has filed evidence in various lines of educa- 
tional work in which he is specially prepared to instruct or direct. 

Hist. '15, c. 153, § 8, subd. 98c, p. 331. 

County Certificates. 

38:165. Grade of certificates. The certificates issued by the county 
superintendents in accordance with sections 32, 143 and 144 of this chap- 
ter shall be of three grades, valid in the counties in which they are issued 
for the term hereinafter specified, unless sooner revoked : 

First grade, five years from the date thereof. 

Second grade, three years from the date thereof. 

Third grade, one year from the date thereof. 

Provided, That county certificates of all grades shall be good in any 
county in the state for the same period by the holder thereof filing a cer- 

219 



38:166 education 

tified copy of the same with the county superintendent in the county in 
which he desires to teach. 

Hist. '15, c. 153, § 9, p. 332; '11, c. 159, § 99, 
p. 521. 

38:166. General requirements. The county superintendent shall 
grant certificates in such form as the state board of education shall pre- 
scribe, to those persons only who shall have attained the age of 18 years, 
who are of good moral character, and who, if the applicant has taught, 
shall have proved his ability to govern and instruct a school. 

Each applicant for a county certificate shall pay to the county superin- 
tendent the sum of $1, the same to be deposited in the county treasury 
to the credit of the institute fund to be used in the institute work in 
addition to the regular appropriation. 

The county superintendent, upon issuing county certificates in accord- 
ance with the report of the state board of education as provided in section 
32 of this chapter shall collect and forward to the state treasurer for de- 
posit in the teachers' certification fund the sum of $3 for each first grade 
teacher's certificate; the sum of $2 for each second grade teacher's cer- 
tificate, and $1 for each third grade teacher's certificate issued. No cer- 
tificate shall be issued unless the applicant shall attain a general average 
of 85 per cent, with no subject below 75 per cent. 

No person shall be granted a certificate who has not completed four 
years of high school work or its equivalent : Provided, That this require- 
ment shall not apply to any one who had taught at least eight school months 
before May 1, 1914 : And, Provided further, That the state board of educa- 
tion may make such temporary modifications of the requirements of this 
section as may be necessary to supply the schools with teachers. 

Hist. '15, c. 153, § 10, p. 332, with temporary ob- 
solete provisions omitted; '11, c. 159, § 100, p. 522. 

38:167. Third grade certificates. Every applicant for a third grade 
certificate shall be examined in orthoepy, spelling, reading, penmanship, 
arithmetic, elementary composition, grammar, geography, history of the 
United States, the civil government of the United States and of the state 
of Idaho, physiology and hygiene with special reference to the effects of 
stimulants and narcotics upon the human system, school law, the manual 
of the elementary course of study for the common schools of Idaho, and 
the elements of agriculture ; and in addition to passing examinations in the 
aforesaid branches he shall have attended a professional school for teach- 
ers for at least six weeks and shall have received in such school standings 
in the school laws of Idaho, in school management, and in the methods of 
teaching reading and language, arithmetic, history and geography: Pro- 
vided, however, That the provisions of this section relative to attendance 
at professional schools for teachers shall not apply to persons who have 
taught successfully for at least eight months prior to July 1, 1911. 

Hist. '11, c. 159, § 101a, p. 522. 

38:168. Same: Definition of terms. In this chapter professional 
school for teachers shall mean a state normal school, a state summer nor- 
mal school for teachers, the department of education in the state univer- 
sity, or, in counties remote from a state normal school or state summer 
normal school for teachers, a teachers' normal institute maintained under 
such conditions and restrictions as may be provided by the state board of 
education : Provided, That such institute shall be taught by at least two 
teachers and be of not less duration than six weeks, and shall have in 
connection therewith a model or practice school. 

Hist. '11, c. 159, § 101b, p. 522. 

38:169. Same: Renewal. A third grade certificate shall entitle the 
holder to teach for such period, not more than one year, as may be speci- 

220 






CERTIFICATION OF TEACHERS 38:174 

fied therein, in the county in which the certificate is issued. A third grade 
certificate may be renewed if the holder shall, during the life of the cer- 
tificate, attend a professional school for teachers for a period of not less 
than six weeks and shall receive in such school credits in at least two 
subjects. The holder of a third grade certificate may also renew the same 
by passing an examination in all the subjects required for a third grade 
certificate. Not more than three third grade certificates shall be granted 
to the same person. 

Hist. '11, c. 159, § 101c, p. 522. Time of taking 
effect of last sentence omitted. — 

38:170. Second grade certificates. An applicant to receive a second 
grade certificate shall have taught successfully in the public schools for 
at least seven months and shall pass a satisfactory examination in all the 
branches required for a third grade certificate, and, in addition, in phy- 
sical geography, American literature, English composition, and in the 
cataloging and the use of school libraries. The county superintendent may 
transfer the standings of a third grade certificate in force to a second 
grade certificate if the holder of such third grade certificate has taught a 
school successfully for at least seven months and has attended, since re- 
ceiving such third grade certificate, a professional school for teachers 
for at least six weeks and received credits in at least two subjects of 
normal school or university grade. 

Hist.' 15, c. 153, § 11, subd. 102a, p. 333; '11, c. 
159, § 102a, p. 523; '13, c. 115, S 15, subd. 102a, 
p. 447. 

38:171. Same: Renewal. Such second grade certificate may also 
be renewed without examination provided the holder thereof has taught 
successfully for not less than 14 months during the life of such certificate 
and has attended a professional school for teachers at least six weeks and 
received credits in at least two subjects. Not more than two second grade 
certificates shall be granted to the same person. 

Hist. '15, c. 153, § 11, subd. 102b, p. 333, time of J 02b, p. 524, reenacted '13, c. 115, § 15, subd. 102b, 
taking effect of last sentence omitted; '11, c. 159, § p. 448. 

38:172. First grade certificates. An applicant to receive a first 
grade certificate shall have taught successfully for at least seven months 
in the public schools and shall pass a satisfactory examination in all the 
branches required for a second grade certificate and in addition in English 
literature, principles of teaching, algebra, physics or botany, and medieval 
and modern or English history. The county superintendent may transfer 
the standings of a second grade certificate in force to a first grade certifi- 
cate if the holder of such second grade certificate has taught a school suc- 
cessfully for at least seven months and has attended, since receiving such 
second grade certificate, a professional school for teachers for at least six 
weeks and received credits in at least four subjects. 

Hist. '15, c. 153, § 12, subd. 103a, p. 334; '11, c. 
159, S 103a, p. 524, reenacted '13, c. 115, § 16, subd. 
103a, p. 448. 

38:173. Same: Renewal. A first grade certificate may be renewed 
once by the county superintendent provided the holder has taught suc- 
cessfully for a period of 21 months and has done 18 weeks' professional 
work in a professional school, and received credits in such work. 

Hist. '15, c. 153, § 12, subd. 103b, p. 331 ; '11, c. 
159, S 103b, p. 524; '13, c. 115, § 16, subd. 103b, p. 

448. 

38:174. Permits to teach. Whenever the supply of legally qualified 
teachers in any county has been exhausted the county superintendent, 
with the approval of the state superintendent, may indorse the certificates 
or diplomas of teachers from other counties or other states by writing 

221 



38:175 EDUCATION 

thereon "Good until the next regular examination to be held on 19....." 

The teacher holding such permit shall not teach thereon after the next 
regular examination, nor shall a second permit be issued to the same per- 
son within three years of the issuance of the aforesaid first permit. A 
record of all permits shall be preserved in the office of the state superin- 
tendent. 

Hist. '15, c. 153, § 14, p. 334; '11, c, 159, § 105, 
p. 524. 

38:175. Revocation of teachers certificate. The county superin- 
tendent shall have power to revoke any county certificate for neglect of 
duty, for incompetency to instruct and govern a school, for immorality 
or for any cause which should have been sufficient ground for refusing to 
issue the same, had the cause existed or been known at the time of its 
issue : Provided, That no certificate shall be revoked or annulled without 
a personal hearing, unless the holder thereof shall, after 30 days' notice, 
neglect or refuse to appear before the superintendent for that purpose: 
Provided further, The said teacher shall have the right to appeal to the 
state board of education, whose decision shall be final : Provided further, 
That it shall be the right of any citizen to bring to the attention of the 
state board of education any case in which the county superintendent shall 
neglect or refuse to revoke a certificate when cognizant of the facts in 
the case, and it shall be the duty of the state board of education, through 
its executive officer, to investigate the charges, and if proved true in ac- 
cordance with the reasons set forth in this section, then the state board 
of education is empowered to revoke the certificate in question. 

Hist. "15, c. 153, § 15, p. 334; '11, c. 159, § 106, 
P. 525. 

38:176. Record of certificates. The county superintendent shall 
keep a record of all certificates granted or revoked, showing to whom 
issued, age of grantee, date of issue, grade and duration of each certificate, 
and if revoked, the date and reason therefor. 

Hist. '11, c. 159, § 107, p. 525. 

ARTICLE 10. 
TEACHERS' INSTITUTES. 

38:177. County superintendent to hold institute. The county su- 
perintendent of each county in this state must hold annually a teachers' 
institute at such time as he may designate, and such institute must con- 
tinue in session not less than five, nor more than 15 days. He must give 
at least 10 days' notice of the time and place of holding such institute by 
publication in some newspaper published in the county, and by written 
notice to each qualified teacher in the county : Provided, That two or more 
counties may unite in holding a joint institute under the joint supervision 
of the county superintendents of such counties. 

Hist. '09, p. 418, S. B. 24, reenacted '11, c. 159, Cross ref. Supervision of teachers' institutes by 

£ 108, p. 525; '93, p. 187, § 51, reenacted 99, p. 85, state board: 38:27. Teachers' meetings: 38:53. 
§ 51 ; '99, p. 439, S 1, reenacted R. C § 638. 

38:178. Teachers must attend institute. It is the duty of all teach- 
ers engaged in the county and of all persons holding certificates to attend 
such institutes at least five days, and participate in the exercises thereof, 
and all teachers who may have charge of schools at the time of holding 
the annual institute must adjourn their schools for the time during which 
the institute is held: Provided, That when joint institutes are held in 
accordance with the provisions of the preceding section, it shall be the 
duty of all teachers in said counties, and of all persons holding certificates 
therein, to attend such joint institute at least five days. 

Hist. '09, p. 418, S. B. 24, reenacted '11, c. 159, Lapsing of district: Attendance of teacher at in- 

S 109, p. 526 : '93. p. 187, § 52. reenacted '99, p. 85, stitute does not result i,n the lapsing of district. 
i 52 ; '99, p. 439, § 1, reenacted R. C. § 639. O. A. G. to C. W. Poole, 1-22-17. 

222 



INDEPENDENT SCHOOL DISTRICTS 38:181 

38:179. Teachers of adjourned schools to draw pay. All teachers 
who may adjourn school for the purpose of attending any annual county 
or joint institute must be allowed the same pay while in actual attendance 
as when teaching-, and the county superintendent must certify to the num- 
ber of days' attendance of each teacher, and the trustees of the several 
districts must count them as so many days lawfully employed. 

Hist. '11, c. 159, § 110, p. 526, reenacting R. C. '99, p. 439, § 1, reenacted R. C. § 640; '09, p. 418, 
§ 640; '93, p. 187, § 53, reenacted '99, p. 85, §53; S. B. 24. 

38:180. Conduct and expenses of institute. The county superin- 
tendent shall procure the services of one or more competent persons to 
assist in conducting said institute, he must also provide a building, lights, 
stationery, janitor service, and all things necessary for the holding of the 
institute ; and must present an itemized account of such expenses, not to 
exceed $150 exclusive of the amount received from fees of applicants for 
teachers' certificates, to the auditor of his county, which sum, or as much 
thereof as may be needed, is hereby appropriated, and, upon the presenta- 
tion of said itemized account, the county auditor shall issue a warrant 
on the current expense fund in favor of the county superintendent equal 
to the amount of such expenses, and the county auditor shall draw a war- 
rant on the institute fund for institute fees, upon demand of the county 
superintendent: Provided, In case joint institutes are held as provided 
in section 177, the county superintendents of the counties holding such 
institutes shall each present an itemized account of such expenses, as 
aforesaid, to the auditor of his county, and the expenses thereof shall be 
borne equally by such counties, and the county auditor shall issue a war- 
rant in favor of the county superintendent for the part chargeable against 
such county. 

Hist. '11, c. 159, § 111, p. 526; *93, p. 187, § 54, 
reenacted '99. p. 85, § 54 ; '99, p. 439, § 1, reenacted 
R. C. 641. 

ARTICLE 11. 

INDEPENDENT SCHOOL DISTRICTS. 

Note: It was the intention of the legislature to provide separately and distinctly for school 
districts as provided for in art. 4 and independent school districts as provided for in this article, 
and art. 4 in no way applies to or governs the provisions of this article. Wood v. Ind. Sch. Dist. 
No. 2 (1912) 21 I. 734, 124 P. 780; Carlson v. Mullen (1917) 29 I. 795, 162 P. 332. 

38:181. Organization of districts. Whenever any school district 
within this state, as defined by the board of county commissioners, has 
within its limits taxable property of the amount of $150,000 or over, as 
shown by the last assessment roll for the county, it may be organized into 
an independent school district upon a vote of one-fifth or over of those 
within the district who are qualified to vote at school elections, petitioning 
the said board for the establishing of such district as an independent school 
district; and if a greater number of qualified voters do not remonstrate 
against such establishment, the beard must clearly, by its order of record, 
define the boundaries of such district, if not already done, and within one 
month order that the question of so establishing such independent school 
district must be submitted to a vote of all the electors of the district, who, 
under the provisions of this chapter, are authorized to vote for the levy 
of taxes and issue of bonds, and must make the necessary arrangements 
for such election, giving at least 20 days' notice thereof, and the time and 
the place of holding the same. If a majority of those so voting vote in 
favor of so organizing such independent district, said board must make 
its order of record and declare such district established, and designate it 
as the independent school district (state the name and number of district), 
in ......,-ounty, Idaho. 

Hist. R. C. § 651, reenacted '11, c. 159, § 122, p. Cross ref. Qualifications of voters: See annota- 

528, reenacted '13, c. 142, § 1, first part, p. 504; lion to 38:78. formation of consolidated indepen- 

•93, p 187, § 78; '97, p. 96, § 1, reenacted '99, p. dent districts: 38:244-8. formation of joint inde- 

g5 f 5; <jg ' pendent districts: 38:249-50. 

223 



38:182 EDUCATION 

38:182. Independent districts: Division: Change of boundaries. 

If, after any independent school district has been organized in the state 
of Idaho as hereinbefore provided which may have heretofore been cre- 
ated or organized, or which may hereafter be created or organized, and 
it is desired to divide or change the boundary lines of said independent 
school district, it shall be done as follows : A petition for the diyision of 
such independent district, or changing the boundaries thereof, must be 
signed by at least 25 per cent of the parents or guardians of children of 
school age within said independent school district and shall be filed with 
the clerk of the board of county commissioners at least 20 days before 
the next regular session of the board. The county commissioners shall, 
at their first regular session after the filing of such petition, examine said 
petition and if found to contain the required number of signers, shall or- 
der an election to be held in such independent school district submitting 
the question of division or change of boundaries of said district to all the 
voters of the district proposed to be divided. Said election shall be con- 
ducted in the same manner and in all respects as elections held for the 
purpose of creating independent school districts. No one shall be entitled 
to vote at said elections except heads of families and resident taxpayers. 
If the majority of all those voting at such election vote in favor of the 
division of the district, or change of boundaries thereof, the same shall 
be declared divided into common or independent school districts according 
to the provisions of the question submitted. The part of the district re- 
taining the schoolhouse shall retain the number of the old district. 

Hist. '13, c. 142, part of g 1, p. 504. 
Cross ref . Qualifications of voters : See annota- 
tion to 38:78. 

38:183. Same: Requisite valuation. No new independent school 
district shall be created unless it shall have at least $150,000 of taxable 
property within the new district and $150,000 of taxable property be left 
within the old district, as shown by the assessment roll of the preceding 
year ; nor shall any incorporated city or town be divided into two or more 
independent school districts; nor shall any independent school district 
be divided if there is any outstanding bonded indebtedness against said 
district. 

Hist. '13, c. 142, part of S 1, p. 505, changed 
from a proviso. 

38:184. Branch school: How obtained. Whenever the parents or 
guardians of 10 or more children of school age residing within an inde- 
pendent school district, and who reside five miles or more from the school- 
house of such district, shall petition the trustees thereof to establish a 
branch school for their benefit, then the said trustees may, if they deem 
it advisable, establish a school in said independent district, to be located 
most conveniently for the benefit of said petitioners, and the same shall 
be maintained and be under the supervision of said trustees of such inde- 
pendent district the same as any other school in the district: Provided, 
however, That no such school shall be so established if there is another 
school in the same district within three miles of the school petitioned to 
be established. No changes of boundaries, divisions, or organization of 
new districts shall take effect until the opening of the school year suc- 
ceeding. 

Hist. '13, c. 142, last part of § 1, p. 505. 

38:185. Validation of formation. All proceedings for the establish- 
ment, organization, or formation of rural high school districts and inde- 
pendent school districts had prior to March 5, 1913, are hereby validated 
and declared legal, and all rural high school districts and independent 
school districts the organization, formation or establishment of which 

224 



INDEPENDENT SCHOOL DISTRICTS 38 :189 

have been attempted prior to said date are hereby declared to be legally 
formed, established and organized. 

Hist. '13, c. 67, S 1, p. 304 ; date inserted for 
phrase "the passage and approval of this act." 

38:186. Conclusive evidence of formation. In all cases where rural 
high school districts and independent school districts have heretofore been, 
or may hereafter be, formed, organized or established, the order of the 
board of county commissioners declaring such districts formed or estab- 
lished, shall, after a period of six months from the date of the entry of 
such order, be conclusive evidence that such school districts have been 
legally formed, established and organized. 

Hist. '13, c. 67, § 2, p. 304. 

38:187. Corporate powers. The district so established is consti- 
tuted a body corporate, and succeeds to the title of all property, rights 
and privileges, and assumes and must discharge and pay all debts, obliga- 
tions and duties belonging to or devolving upon the old district or districts 
of which it is so formed and established, and by its corporate name it may : 

1. Make contracts, sue and be sued. 

2. Take, hold and convey such real and personal property only as is 
needed for actual school purposes. 

3. Have a corporate seal. 

4. Choose such officers as are herein provided for. 

Hist. R. C. § 652, reenacted '11, c. 159, § 123, p. 
529 ; '93, p. 187, § 79, reenacted '99, p. 85, g 79. 

38:188. Terms of office. The officers of such district shall consist 
of a board of trustees, composed of six qualified electors who are resident 
freeholders within the district. The first board of trustees must be ap- 
pointed by the board of county commissioners immediately after the dis- 
trict is so established and shall hold their offices for terms as follows, to 
wit : Two until the next school election under the provisions hereof ; two 
for one and two for two years after such election, and until their successors 
are elected and qualified. Said board so appointing must designate the 
term of each trustee so appointed. 

Hist. R. C. § 653, reenacted '11, c. 159, § 124, p. holder at the time of election, such a person is 

529 ; '93, p. 187, § 80, reenacted '99, p. 85, § 80 ; qualified to hold an office for which he was dis- 

'03, p. 335. oualified at the time of election, if between the 

Qualification of trustees: In the case of a person time °* SJ » d election and the time that he qualified 

having been elected to the office of school director m such office, he has acquired the qualifications in 

without having the qualification of being a free- whlch he was deficient. O. A. G. LI -12, p. 90. 

38:189. Election: Qualifications of voters. There must be an elec- 
tion for two members of the board of trustees, to be held on the first 
Tuesday of September following the establishment of such district, and 
annually thereafter an election must be held to elect two trustees. The 
clerk of the board must give at least 10 days' notice of the time and place 
of such election by publication in a newspaper, and by three posted no- 
tices in the district, and at all elections under this article, voters must 
have the same qualifications as prescribed for the general elections in this 
state. At such elections, any person offering to vote may be challenged 
and required to take all oaths required for voters at the general elections 
in this state, and on refusing to take such oaths must not be allowed to 
vote. The board of trustees may appoint for all such elections two judges 
and one clerk. Voting must be by secret ballot, such ballots and list of 
voters to be kept for 60 days by the secretary of said school board, and if, 
upon counting the ballots, there is a tie and three qualified persons have 
the highest and an equal number of votes, the board of trustees must se- 
lect two from the three, and when there is a failure to elect by reason of 
a tie vote, the board of trustees must select. 

225 

Pol -8 



38:190 EDUCATION 

Hist. '11, c. 159, § 125 a, p. 529, reenacted '17, reenacted R. C. § 654, first paragraph. "Voters" 

c. 131, p. 438, subd. 125a; '93, p. 187, first part of substituted for "votes" in phrase "list of voters." 
S 81, reenacted '99, p. 85, first part of § 81 ; '03, Cross ref. Qualifications of voters': See annota- 

p. 335, first paragraph ; '07, p. 316, first paragraph, tion to 38 :78. 

38:190. Vacancies. If any trustee dies, removes from the district 
or ceases to have the qualifications for such office, or for any cause his 
office is vacant, or he neglects or refuses to act, or without excuse ceases 
to attend the meeting of the board for four successive regular meetings 
thereof, his office thereby becomes vacant and a majority of said board 
of trustees shall appoint another qualified person to fill the vacancy. A 
trustee so appointed shall hold office until the next regular election for said 
district, at which election a trustee shall be elected for the remainder of 
the unexpired term as above set forth. 

Hist. '17, c. 131, p. 438, subd. 125b; '93, p. 187, graph, reenacted '07, p. 316, second paragraph, re- 
second part of § 81, reenacted '99, p. 85, second enacted R. C. § 654, second paragraph, reenacted 
part of S 81, reenacted '03, p. 335, second para- '11, c. 159, § 125b, p. 530. 

38:191. Prohibition against contracts with trustees. No trustee 
shall be interested directly or indirectly in any contract let, or made by 
or with the board, or with any officer thereof, or in any supplies furnished 
to or for said district, or a surety for the performance of any contract 
with said board or district, and no action can be maintained or recovery 
had against said board or district upon any contract or obligation in which 
any trustee is so interested, but the same is void. 

Hist. R. C. § 655, reenacted '11, c. 159, § 126, public policy, and is a salutary one to prevent the 
1). 530 ; '93, p. 187, § 82, first part, reenacted '99, risk of abuses in the public service. lb. 
P. 85, $ 82, first part, reenacted '05, p. 71, § 1, first Recovery on contract: Money paid by a munic- 
,iar "' - ipal corporation upon a void contract may be re- 
Trustee to borrow money: A transaction by covered back. The rule that neither party to a 
which the trustees of independent school districts transaction will be permitted to take advantage of 
to loan money from the district sinking fund to its validity while retaining its benefits, applies only 
members of the school board is unlawful. O. A. G. to voidable contracts and not to contracts of a mu- 
'09-10, p. 42. nicipal corporation that are absolutely void. lb. 

Construction: This statute is in its nature penal Time of contract: Where an action is brought to 
and should not be extended by construction beyond recover money paid on a void contract, the corn- 
its natural meaning. Ind. Sch. Dist. v. Collins p'aint must allege that such contract was made with 
(1908) 15 I. 535, 98 P. 857, 128 A. S. R. 76. Ihe defendant during the time that he was a mem- 
Intention of statute: This rule is founded in ber of the board of trustees. lb. 

38:192. Qualification and organization of board. Each trustee 
shall, before entering upon the duties of his office, take and subscribe the 
official oath, which must be tiled with the county school superintendent. 
Immediately after the appointment of such trustees by the board of county 
commissioners, as above provided, and after each annual election, the 
trustees, or a majority thereof, shall meet at the schoolhouse and organize 
as a board, and from their number shall select a chairman, a clerk and a 
treasurer, or they may elect as treasurer some competent and responsible 
person who is not a trustee, and said treasurer shall be required to deposit 
the school moneys in such bank or banks as will pay the highest rate of 
interest on daily balances, dividing the money to two or more banks if 
the same offer the same rates of interest. Said trustees of independent 
school districts may provide pay or compensation for the clerk, but no 
other school officer whatever shall receive any pay or compensation for 
his time or services or in any way be allowed to make any pecuniary profit 
or gain by reason of his office, and any school officer or person who has 
the custody in any way of any school funds shall give bonds with at least 
two good sureties in double the amount of funds likely at any time to be 
in his custody. 

Hist. '11, c. 159, § 127, p. 530 ; '93, p. 187, § trustees of an independent school district is en- 

82, last part, reenacted '99, p. 85, § 82 ; '05, p. 71, titled to vote upon all questions considered by the 

last part; R. C § 656. board, whether there is a tie or not. O. A. G. 

Chairman's vote: The chairman of the board of 13-14, p. 39. 

38:193. Meetings of board. Regular meetings of the board of trus- 
tees shall be held on the second Monday of each month, and special meet- 

226 



INDEPENDENT SCHOOL DISTRICTS 



38:197 



ing may be called by the chairman of the board, or by any two trustees, 
by personal notice of the time and place of such meetings to each member 
of the board, or, if he cannot be found, by leaving such notice at his place 
of residence with some person of suitable age and discretion. Four 
trustees constitute a quorum for the transaction of any business, but a 
less number may adjourn any regular meeting from time to time, until a 
quorum can be obtained, but no meeting of the board not provided for by 
the rules or by law is legal unless all the members thereof have been noti- 
fied as provided for in this section. 

Hist. R. C. § 657, reenacted '11, c. 159, § 128, p. 
531 ; '93, p. 187, § 83, reenacted '99, p. 85, § -83. 

38:194. Duties and powers of trustees. The board of trustees of 
an independent school district shall have power and it is its duty : 

Hist. '17, c. 59, § 2, p. 179; '93, p. 187, § 84, 159, § 129, p. 531, reenacted *13, c. 115, § 17, p 
reenacted '99, p. 85, § 84, reenacted '03, p. 430, § 449, reenacted '13, c. 159, § 1, p. 527 
2; '07, p. 304, § 1 ; R. C. § 658, reenacted '11, c. 

38:195. Same: To make by-laws. To make such by-laws for their 
own government and for the government of the schools of the district as 
they may deem expedient, not inconsistent with the provisions of this 
chapter. 

Hist. R. C. § 658, subd. 1, reenacted '11, c. 159, 
S 129a 1, p. 531, reenacted '13, c. 115, § 17, subd. 
129a 1, p. 449, reenacted '13, c. 159, § 1, subd. 129a 
I, p. 527, reenacted '17, c. 59, § 2, subd. 129a 1, p. 
179 ; '93, p. 187, § 84, reenacted '99, p. 85, § 84, re- 

38:196. Same: To employ and discharge teachers. To employ or 
discharge teachers, mechanics and laborers and to fix, allow and order 
paid their salaries and compensation i^to determine and charge tuition for 
pupils residing outside the boudaries of the district and to withhold the 
salary of a teacher when the county superintendent notifies the board 
that the teacher does not hold a valid certificate. 



enacted '03, p. 430, $ 2, reenacted '07, p. 304, S 1. 
Cited: Barton v. Rogers (1912) 21 I. 609, 123 
P. 478, Ann. Cas. 1913E 192, 40 L. R. A. (N. S.) 
681. 



Hist. '17, c. 59, § 2, subd. 129a, 2, p. 179 ; '93, 
p. 187, § 84, subd. 2, reenacted '03, p. 430, § 2, 
subd. 2, reenacted '07, p. 304, § 1, subd. 2, reenacted 
R. C. § 658, subd. 2, reenacted '11, c. 159, § 129a 2, 
P 531 ; '13, c. 115, g 17, subd. 129a 2, p. 449; '13, 
c. 159, g 1, subd. 129a 2, p. 527. 

Cross ref. Tuition of nonresident high school 
pupils: 38:262-265. 

Board's power paramount: The board of trustees 
and not the superintendent of schools or the clerk 
of the district has power to contract or deal with 
tear-hers in the matter of employment. Hermann 
v. Ind. Dist. (1913) 24 I. 554, 125 P. 1159. 

Removal of teacher: The trustees of an inde- 
pendent school district, unlike those of an ordinary 
school district, have unlimited power to dismiss a 



teacher either with or without notice, and the ex- 
ercise of that power is not subject to review or 
control by the courts. Ewin v. Ind. Sch. Dist. No. 
8 (1904) 10 I. 102, 77 P. 222; Hermann v. Ind. 
Sch. Dist. No. 1 (1913) 24 I. 554, 135 P. 1159. 

The motive and purpose of a board of school 
trustees in discharging a teacher under this section 
cannot be put in issue in an action for damages 
under the charge of a civil libel. Barton v. Rogers 
(1912) 21 I. 609, 617, 123 P. 478, Ann. Cas. 1913E 
192, 40 L. R. A. (N. S.) 681. 

Tuition: Board of education of independent school 
districts can fix the rate of tuition charged for non- 
resident pupils. '15, p. 142 (§ 197) relates only 
to tuition chargeable for attendance in high schools 
in other districts. O. A. G. to Matthew Golden, 
1-16-17. 




38:197. Same: To make levies. To levy a special tax, if neces- 
sary, which, when added to money apportioned by the county superin- 
tendent of schools, will be sufficient to provide funds for the maintenance 
of the schools for nine months in each year. The special taxes levied by 
said board of trustees for the payment of interest on bonds and sinking 
fund, for payment of bonds at maturity, together with the levy for the 
maintenance of schools, shall not exceed 10 mills on the dollar of the 
assessed valuation of all property in the district : Provided, That the state 
board of education may authorize a particular district to increase its levy 
to 15 mills upon a showing of financial conditions that in the opinion of 
the said board justifies such increase: And, Provided further, That dis- 
tricts maintaining rural school routes may levy an additional tax of not to 
exceed 4 mills for the support of such rural routes. 

Hist. '17, c. 59, S 2, subd. 129a, 3, p. 179; '93 {j 129a, 3, p. 531, reenacted '13, c. 115, § 17, subd. 

p. 187, § 84, subd. 3, reenacted '99, p. 85, § 84, 129a 3, p. 449; '13, c. 159. $ 1, subd. 129a 3. i>. 528. 

subd. 3; '03, p. 430. § 2, subd. 3; '07, p. 304, § 1, (See Buck v. Trustees St. Maries Sch. Dist. (1915) 

subd. 3, reenacted R. C. § 658, subd. 3; '11, c. 159, 28 I. 293, 154 P. 372.) 

227 



V 



38:198 EDUCATION 

38:198. Same: To provide equipment. To provide furniture, fix- 
tures, apparatus, library and everything needed in the schooihouse or for 
the use of the board. 

Hist. '11, c. 159, § 129a 4, p. 532, reenacted '13, reenacted '99, p. 85, § 84, subd. 4, reenacted '03, p. 

c. 115, § 17, subd. 129a 4, p. 449, reenacted '13, c. 430, § 2, subd. 4, reenacted '07, p. 304, § 1, subd. 4, 

159, § 1, subd. 129a 4, p. 528, reenacted '17, c. 59, reenacted R. C. § 658, subd. 4. 
§ 2, subd. 129a 4, p. 180; '93, p. 187, § 84, subd. 4, 

38:199. Same: To repair, insure and preserve school property. 

To rent, repair and insure schoolhouses and property and preserve the 
same for the benefit of the schools of the district. 

Hist. R. C. § 658, subd. 5, reenacted '11, c. 159, 5, p. 180 ; '93, p. 187, § 84, subd. 5, reenacted '99, 

§ 129a, 5, p. 532, reenacted '13, c. 115, § 17, subd. p. 85, § 84, subd. 5, reenacted '03, p. 430, § 2, subd. 

129a 5, p. 449, reenacted '13, c. 159, § 1, subd. 5, reenacted '07, p. 304, § 1, subd. 5. 
129a 5, p. 528, reenacted '17, c. 59, § 2, subd. 129a 

38:200. Same: To build and remove schoolhouses. To build or 
remove schoolhouses and buildings and to purchase or sell school lots. 

Hist. R. C. § 658, subd. 6, reenacted '11, c. 159, 180; '93, p. 187, § 84, subd. 6, reenacted '99, p. 85, 

S 129a, 6, p. 532, reenacted '13, c. 115, § 17, subd. S84, subd. 6, reenacted '03, p. 430, § 2, subd. 6, re- 

1.29a 6, p. 450, reenacted '13, c. 159, § 1, subd. 129a enacted '07, p. 304, § 1, subd. 6. 
6, p. 528, reenacted '17, c. 59, § 2, subd. 129a 6, p. 

38:201. Same: To expel pupils. To expel pupils from school who 
refuse to obey the rules thereof and to exclude from school children under 
6 years of age. 

Hist. R. C. § 658, subd. 7, reenacted '11, c. 159, 7, p. 180; '93, p. 187, § 84, subd. 7, reenacted '99, 

§ 129a 7, p. 532, reenacted '13, c. 115, § 17, subd. p. 85, S 84, subd. 7 ; '03, p. 430, § 2, subd. 7, re- 

129a 7, p. 450, reenacted '13, c. 159, § 1, subd. enacted '07, p. 304, § 1, subd. 7. 
129a 7, p. 528, reenacted '17, c. 59, § 2, subd. 129a 

38:202. Same. To determine number of teachers and length of 
term. To determine the number and qualifications of teachers who shall 
be employed, to determine if school shall be maintained for more than nine 
months, to fix the date of the beginning of the school year, to determine 
the length of the school day and to provide for the dismissal of primary 
pupils before the regular time of closing school. 

Hist. '11, c. 159, § 129a 8, p. 532, reenacted '13, 8, reenacted '99, p. 85, § 84, subd. 8, reenacted '03, 

c. 115, § 17, subd. 129a 8, p. 450, reenacted '13, c. p. 430, § 2, subd. 8, reenacted '07, p. 304, § 1, subd. 

159. § 1, subd. 129a 8, p. 528, reenacted '17, c. 59, 8, reenacted R. C. § 658, subd. 8. 
§ 2, subd. 129a 8, p. 180 ; '93, p. 187, § 84, subd. 

38:203. Same: To require pupils to furnish books. To require 
pupils to be furnished with proper and suitable books and supplies as a 
condition of membership in the schools. 

Hist. '11 c. 159, § 129a 9, p. 532, reenacted '13, reenacted '99, p. 85, § 84, subd. 9, reenacted '03, 

c. 115, § 17, subd. 129a 9, p. 450, reenacted '13, c. p. 430, § 2, subd. 9, reenacted '07, p. 304, § 1, subd. 

159, S 1, subd. 129a 9, p. 528, reenacted '17, c. 59, 9 reenacted R. C. § 658, subd. 9. 
S 2, subd. 129a 9, p. 180 ; '93, p. 187, § 84, subd. 9, 

38:204. Same: To exclude sectarian matters. To exclude from 
the schools and school libraries of said district all books, papers and cate- 
chisms of a sectarian nature. 

Hist. R. C. § 658, subd. 10, reenacted '11, c. subd. 129a 10, p. 180; '93, p. 187, § 84, subd. 10, 

159, § 129a 10, p. 532, reenacted '13, c. 115, § 17, reenacted '99, p. 85, § 84, subd. 10, reenacted '03, 

subd. 129a 10, p. 450, reenacted '13, c. 159, § 1, i>. 430, § 2, subd. 10, reenacted '07, p. 304, § 1, 

subd. 129a 10, p. 528, reenacted '17, c. 59, § 2, subd. 10. 

38:205. Same: To require teachers to conform to law. To re- 
quire teachers to conform to the law of the state and regulations of the 
school board. 

Hist. '11, c. 159, § 129a 11, p. 532, reenacted '13, '03, p. 430, § 2, subd. 11, reenacted '07, p. 304, § 

c. 115, S 17, subd. 129a 11, p. 450, reenacted '13, c. 1, subd. 11, reenacted R. C. § 658, subd. 11. 
159 § 1, subd. 129a 11, p. 528, reenacted '17, c. 59, Cited: Barton v. Rogers (1912) 21 I. 609, 123 

* 2, subd. 129a 11, p. 180; '93, p. 187, § 84, subd. P. 478, Ann. Cas. 1913E 192, 40 L. R. A. (N. S.) 
11 reenacted '99, p. 85, § 84, subd. 11, reenacted 681. 

38:206. Same: To protect morals and health. To protect the 
morals and health of the pupils while at school. 

Hist. R. C. 8 658, subd. 12, reenacted '11, c. 159, p .180 ; 93, p. 187, § 84, subd. 12, reenacted '99, p. 

* 129a 12, p. 532, reenacted '13, c. 115, § 17, subd. 85, £ ( '.4. subd. 12, reenacted '03, p. 430, § 2, subd. 
129a 12, p. 450, reenacted '13, c. 159, § 1, subd. 129a 12, reenacted '07, p. 304, § 1, subd. 12. 

12, p. 528, reenacted '17, c. 59, § 2, subd. 129a 12, 

228 



INDEPENDENT SCHOOL DISTRICTS 38 :211 

38:207. Same: To acquire gymnasiums and playgrounds. To pur- 
chase or otherwise acquire grounds or sites for playgrounds and gymna- 
siums and build and erect gymnasiums in their districts, either in connec- 
tion with school buildings or as separate buildings ; to equip and maintain 
all such playgrounds and gymnasiums with all necessary apparatus and 
fixtures; to issue and sell bonds in the manner as provided for by law to 
raise money for the purpose of buying such grounds, sites and building 
such gymnasiums and purchasing apparatus and fixtures therefor; to 
levy for the proper maintenance and care of the gymnasium and grounds 
a special tax which shall not exceed 1 mill on the dollar; to prescribe the 
rules and regulations for the use of such playgrounds, gymnasiums and 
apparatus by the pupils of their districts and by which others than the 
pupils of their districts may use the same and to fix the membership fee 
which such other persons shall be compelled to pay for such privileges; 
and to do all other things in connection with the purchasing or acquiring 
the sites and building gymnasiums and the equipping playgrounds and 
gymnasiums with necessary apparatus and fixtures which are not pro- 
hibited by law. 

Hist. '17, c. 59, § 1, p. 179 ; '13, c. 14, § 1, p. 53. 

38:208. Independent districts, class A: Additional powers. When 
an independent school district shall employ 20 or more teachers it shall 
be known as an independent district class A and shall have, in addition 
to the above enumerated powers and duties, the following special powers 
and duties: 

Hist. '17, c. 59, § 2, subd. 129b, p. 180; '11, c. Number of teachers: Where a petitioner relies 

159, § 129b, p. 532 ; '13, c. 115, § 17, subd. 129b, p. upon this section but fails to allege the number of 

450 ; '13, c. 159, § 1, subd. 129b, p. 528. (See Buck teachers employed in said district his petition is bad 

v. Trustees St. Maries Sch. Dist. (1915) 28 I. 293, on demurrer. Buck v. Trustees St. Maries Sch. 

154 P. 372.) Dist. (1915) 28 I. 293, 154 P. 372. 

Cross ref. Exemption as to eighth grade exami- 
nations: 38:303. 

38:209. Same: To adopt courses of study. To adopt a course of 
study for their system of schools other than the state course, if they so 
elect, and to prescribe the examinations, tests and qualifications necessary 
for pupils to enter the various grades of the elementary school and of the 
high school. 

Hist. '11, c. 159, § 129b 1, p. 532, reenacted '13, 159, § 1, subd. 129b 1, p. 529, reenacted '17, c. 59, 
c. 115, § 17, subd. 129b 1, p. 450, reenacted '13, c. §2, subd. 129b 1, p. 181. 

38:210. To adopt textbooks. To adopt textbooks for their system 
of schools and to make such contracts with the publishers as shall seem 
for the best interests of the district : Provided, That this section shall not 
operate to destroy any contract now in force, but shall operate in the selec- 
tion of books for which the district is not now under contract and shall 
operate in the selection of all books on and after September 1, 1913. 

Hist. '11, c. 159, § 129b 2, p. 533, reenacted '13, 159, § 1, p. 529, reenacted '17, c. 59, § 2, subd. 
c. 115, § 17, subd. 129b, 2, p. 450, reenacted '13, c. 129b 2, p. 181. 

38:211. To employ superintendent. To employ a superintendent of 
schools for a term not to exceed three years, who shall be the executive 
officer of the board, with such powers and duties as they may prescribe, 
together with such powers and duties as are now or may hereafter be 
prescribed by the laws of the state ; to fix, allow and order paid his salary 
and to discharge said superintendent for incompetency, immorality or 
gross neglect of duty. 

Hist. '11, c. 159, § 129b 3, p. 533, reenacted '13, under this section could absolutely rely on a con- 

c 115, § 17, subd. 129b 3, p. 450, reenacted '13, c. tract of employment and only be discharged for in- 

159, § 1, subd. 129b 3, p. 529, reenacted '17, c. 59, competency, immorality, or gross neglect of duty. 

§ 2, subd. 129b 3, p. 181. Buck v - Trustees St. Maries Sch. Dist. (1915) 28 I. 

Contract with superintendent: It has been in- 
ferential^ decided that a superintendent employed 

\ 229 



38 :212 EDUCATION 

38:212. Issuance of funding bonds. The board of trustees of any 
independent school district, organized under any general or special law, 
may issue negotiable coupon bonds of their district for the purpose of 
paying, funding, refunding, purchasing and redeeming the outstanding 
bonded indebtedness of their district, whenever the same can be done to 
the profit or advantage of the district and without the district incurring 
any additional indebtedness or liability exceeding in any year the income 
or revenue provided for such year. Said bonds must bear interest at a 
rate not exceeding 6 per cent per annum, payable semiannually at the 
office of the treasurer of the district, or at such banking house in the city 
of New York as may be designated by the board of trustees; and the 
principal of said bonds, or any part thereof, may, at the option of the 
district, be paid at any time after 10 years, and must be paid within 20 
years from the time they are issued, and in the order in which they are 
issued and numbered. Semiannual interest coupons covering the interest 
to become due must be attached to each bond; the bonds must be signed 
by the presiding officer of the board and attested by its secretary and 
the seal of the district, if it has a seal, and the coupons must be signed 
and the bonds registered by the treasurer of the board. No bond shall 
be sold at less than its par value, and the proceeds thereof must be devoted 
to the payment, redemption or refunding of the outstanding bonded in- 
debtedness of the district. 

Hist. '15, c. 108, § 1, p. 250. Changes made in Cited: Barton v. Moscow etc. Sch. Dist. (1892) 

first sentence: Repetitious "redeeming" omitted. 8 I. 270, 29 P. 43. 

"and" changed to "or" to express evident intent Bonded indebtedness: An independent school dis- 

and the word bonded restored preceding mdebt- trict has aut hority to issue funding bonds for the 

edness on the authority of the last sentence. 90- purpose of funding bonded indebtedness and not for 

91, p. 129, fe 737, reenacted 99 p 84 § 1 reenacted other p ur p OS es. O. A. G. to W. J. Mitchell, 1-15-16 ; 

R. C. 659, substantially reenacted 11, c. 159, § 130, to E O ^isson 4 14 15 
p. 533. 

38:213. Bond elections for the erection of school buildings. The 

board of trustees of any independent district may, whenever two-thirds 
of the board so decide, submit to the qualified electors of the state of Idaho, 
who are resident freeholders or householders of the district, at an elec- 
tion to be held for that purpose and to be called and conducted as other 
school elections in said district, the question whether the board shall be 
authorized to issue the negotiable coupon bonds of the district in an 
amount to be mentioned in the notice of election, not to exceed 5 per cent 
of the assessed valuation of the property in said district, for the purpose 
of providing and improving schoolhouses and grounds and furniture, appa- 
ratus, and fixtures for said district, or for any or either of said purposes ; 
and if at such election two-thirds of the qualified electors of said district 
voting at said election assent thereto, the board of trustees may issue 
such bonds of the district to the amount and for the purpose designated 
in said notice, which bonds shall be in all respects similar to, and shall be 
signed, negotiated, registered, bear interest and be made payable as the 
bonds provided for in the last preceding section ; and no bond shall be sold 
for less than its par value, and the proceeds thereof must be devoted to 
the purposes mentioned in said notice. 

Hist. '13, c. 158, p. 526; '90-91, p. 129, § 738, Date of bonds: The dating of the bonds should 

reenacted '99, p. 84, § 1, substantially reenacted correspond with both the notice of election and the 

R. C. § 660 ; '11, c. 159, § 131, p. 534. notice of sale of bonds. O. A. G. '11-12, p. 53. 

Cross ref. Qualifications of voters: See annota- Cottages: Independent school district is not au- 

tion to 38 -78 thorized to bond for the purpose of building cot- 

' .,.'.,., , . ,. A • x ™ ,. ., . tages to accommodate teachers. O. A. G. to E. O. 

Bond limit of independent districts: The limit of Sisson, 4-11-16. 

indebtedness of 5 per cent above specified was not _. '. " __ _ JS . , , - 

V , « *. j u 'in r ' , 7 , ot _„ Digging well: Expenditure may be made from 

changed or affected by 17 c. 58, p. 173, et seq. the fundg raiged frQm bond gaJe under aboye gecti(>n 

O. A. G. to W. *. Brewer, 4-5-17. to dig well for schoo i on sc hool premises. O. A. 

Automobile for transporting pupils: The trustees G. to Myrtle Journey, 5-9-T7. 
may, from the funds derived from bonds issued Publication of notice of election: Notice of bond 

under this section, purchase automobile to transport e'ection must be published and posted since the 

pupils to school, if the necessity for such purchase provisions of this section require it to be construed 

therefor is clear. O. A. G. to Myrtle Journey, with 38:189. O. A. G. to I. S. D. No. 1, Jefferson 

5-9-17. Co., 8-3-17. 

230 



TEACHERS' RETIREMENT FUND 38:218 

Qualifications of electors: One in order to vote "householder" is one who is the head of the family 

in a bond election in an independent district must upon whom a family depends. Strictly construed' 

be a citizen of the United States, must have resided wives of householders would not be qualified to 

within the state six months, and within the county vote, but the legislature undoubtedly meant to in- 

30 days previous to election, and must be either a elude them as voters. In the case of a mother and 

resident freeholder or a resident householder of the daughter living together wherein the mother is the 

district. As to freeholders, there is no question freeholder and the daughter the wage earner the 

that husband and wife may both vote if the prop- one who is the most depended upon is the house- 

erty which they own is community property. A holder. O. A. G. '11-12, p. 89. 

38:214. Tax levy for redemption of bonds. The board of trustees 
of any such district that has issued bonds under either of the last two 
preceding sections must annually levy upon all taxable property of the 
district, in addition to other authorized taxes, a tax sufficient to pay the 
interest on all bonds so issued as it falls due, and also to constitute a 
sinking- fund for the payment of the principal thereof within 20 years 
from the time the bonds are issued ; which taxes shall be levied, assessed, 
collected and paid over in the district, and shall be devoted to the payment 
of the principal and interest of said bonds only; and the accumulated 
sinking fund may be used for the redemption of said bonds at any time 
after 10 years from the date of their issue. 

Hist. '11, c. 159, § 132, p. 534 ; '90-91, p. 129, § 
739, reenacted '99, p 129, § 739, reenacted R. C. § 
661. 

38:215. Redemption of bonds sold to state. Whenever bonds of 
independent school districts in the state of Idaho have been sold to the 
state, the treasurer of such school district when any funds are available 
for the redemption of such bonds or the interest coupons thereon, shall 
send the money for the redemption of such bonds or interest coupons 
thereon to the state board of land commissioners at Boise, Idaho, for the 
redemption thereof; the said state board of land commissioners upon re- 
ceipt of such money, if received at the proper time for the payment or 
redemption of either the bond or coupon shall mark such bond or coupon 
cancelled and paid, and shall forthwith return the same to the treasurer of 
the school district sending the money therefor. 

Hist. '13, c. 148, § 3, p. 517. / 

38:216. Application of school law. All the provisions of this chap- 
ter providing for a public school system, wherein not contradictory to or 
inconsistent with the provisions of this article, and which may be appli- 
cable to the objects thereof, are adopted as a part of the law governing 
the establishment and management of independent school districts. All 
the provisions of this code applicable to independent school districts shall 
also apply to special independent school districts. 

Hist. '11, c. 159, § 133, p. 534; '93, p. 187, § 85, 
reenacted '99, p. 85, § 85, reenacted R. C. § 662. 

ARTICLE 12. 
TEACHERS' RETIREMENT FUND. 

38:217. Teachers' retirement fund: Creation. The board of trus- 
tees of any independent school district employing 30 or more teachers 
is hereby authorized to establish a teachers' retirement fund and shall be 
authorized to pay out of such fund a sum not to exceed $40 per month to 
any male teacher 60 years of age or any female teacher 55 years of age : 
Provided, That any such male teacher to be eligible to such retirement 
shall have been actively engaged in teaching for 35 years, 15 of which, 
including the last 10, shall have been in said school district, and that any 
such female teacher shall have been actively engaged in teaching for 30 
years, 15 of which, including the last 10, shall have been in said school 
district. 

Hi»t. '17, c. 33, first part of § 1, p. 76. 

38:218. Same: Old age insurance. The board of trustees may, in 
its discretion, use all or any part of such fund for the purpose of obtain- 

231 



38 :219 EDUCATION 

ing old age insurance for the benefit of any or all such teachers as are 
or may hereafter be entitled to retirement or to benefits under the pro- 
visions of this chapter: And, Provided further, That no such teacher 
shall be entitled to retirement or benefits as herein provided unless such 
teacher shall have paid all assessments levied against him or her as herein- 
after provided. 

Hist. '17, c. 33, last part of § 1, p. 76. 

38:219. Same: Permanent disability fund. The board of trustees 
of any such school district may also make provisions for such teachers as 
may become permanently incapacitated from teaching while in the service 
of such district : Provided, however, That the said beneficiary shall have 
served in said district for a period of not less than 10 years. 

Hist. '17, c. 33, § 2, p. 76. 

38:220. Same: Teachers while in active service not entitled. 

No teacher of any school district coming under the provisions of this 
article who may, by making application therefor or by action of the board 
of trustees, be entitled to receive the benefits from the teachers* retire- 
ment fund or from any old age insurance obtained by such board of trus- 
tees, as provided in this article, shall be entitled to receive such benefit 
while drawing a salary as a teacher in active service. 

Hist. '17, c. 33, § 3, p. 76. 

38:221. Levy to create fund: Limit of. The moneys for the use 
of the teachers' retirement fund shall be obtained by a special levy upon 
said school district, such special levy, however, not to exceed one-tenth 
of 1 mill, and from gifts and bequests that may be made to said fund and 
from assessments paid by the employees of such districts which may be 
levied by the board of trustees of such district : Provided, however, That 
this article shall not be construed as requiring the board of trustees of 
such district to levy an assessment against the employees of such districts 
for the purpose of creating or partly creating said fund, but that such 
levy against the employees of such district may be made by such board, 
in its discretion. 

Hist. '17, c. 33, § 4, p. 77. 

38:222. Fund, when created, permanent. The board of trustees of 
such school district having once established such retirement fund no act 
of such board thereafter shall vacate, set aside or abolish such fund, nor 
vacate the act of the board of trustees of such district adopting the plan 
of benefits provided for in this article, nor shall such board of trustees 
have any power or authority after any such teacher may have once been 
retired under the provisions of this article to decrease the amount per 
month which such retired teacher at the time of such retirement is en- 
titled to receive as provided for by the board of trustees of such school 
district. 

Hist. '17, c. 33, § 5, p. 77. 

ARTICLE 13. 
RURAL HIGH SCHOOL DISTRICTS. 

38:223. Formation: Petition. When the heads of a majority of the 
families residing in each of two or more regularly organized school dis- 
tricts in this state, not having within their limits an incorporated city, 
shall petition the board of county commissioners of their county to unite 
them into a rural high school district, for the purpose of maintaining a 
rural high school therein, the said board of county commissioners shall 
submit the question to a vote of the qualified electors of the districts so 
petitioning at a special election called for that purpose, within 60 days 
from the date of the receipt of such petition : Provided, That the proposed 

232 



RURAL HIGH SCHOOL DISTRICTS 



38 :226 



rural high school district shall not, except with the unanimous consent of 
the board of county commissioners, embrace a greater territory than that 
included within a 6-mile radius from the proposed center of the district. 



Hist. '11, c. 159, § 134, p. 535; '09 p. 73, S. B. 
71, § 1. 

Cross ref. Validation of formation: 38:185. Con- 
clusiveness after six months: 38:186. Joint rural 
high school district: 38:249. No dismemberment 
by division of county: 38:250. Qualifications of 
voters: See annotations to 38:78. 

Area: Radius of 6 miles permits maximum area 
of 113.1 square miles. 

Conclusiveness of organization: Legal organiza- 
tion of rural high school will be presumed after 
two years. Pickett v. Comrs. (1913) 24 I. 200, 133 
P. 112. But now see 38:186. 

Jurisdictional requisites: There are two jurisdic- 
tional requisites of the creation of a rural high 
school district : First, filing with the board of 



county commissioners the requisite petition ; and 
second, the submission of the question to a vote of 
the electors. If a majority of the votes cast at 
such election are in favor of creating the district, 
the district is thereby created. Pickett v. Comrs. 
(1913) 24 I. 200, 133 P. 112. 

Schools constituting district: It is possible but 
not advisable for a school having less than five 
pupils, but which had not been declared by the 
county school superintendent to have lapsed to be 
a constituted part of a rural high school district. 
O. A. G. '11-12, p. 87. 

Where a rural high school district consists of but 
two common school districts, neither common school 
district can withdraw, since the plain intent of the 
law was that rural high school districts should be 
composed of two or more common school districts. 
See 38:243. O. A. G. '13-14, p. 37. 



38:224. Consolidation of rural high school districts. When a ma- 
jority of the heads of families who are residents in each of the two or 
more regularly organized rural high school districts in this state, or one 
or more regularly organized high school districts and one or more regularly 
oganized school districts, shall petition the board of county commissioners 
of their county to unite them into a single rural high school district for 
the purpose of maintaining a rural high school therein, the said board of 
county commissioners shall submit the question to a vote of the qualified 
electors of the districts so petitioning, at a special election called for that 
purpose, within 60 days from the date of receiving such petition: Pro- 
vided, That the proposed rural high school district shall not, except with 
the consent of the county commissioners, embrace a greater territory than 
that included within a 6-mile radius from the proposed center of the 
district. 



Hist. '15, c. 122, § 1, p. 267, enacting § 134a, c. 
159, '11. 

Cross ref. Qualifications of voters: See anno- 
tation to 38:78. 

Consolidation : A common school and a rural 



high school district may not consolidate in the in- 
terests of efficiency and economy, but that they may 
contract with each other for the use of the same 
buildings so long as neither interferes with the 
other. O. A. G. '15-16, p. 36. 



38:225. Same: Liability for bonds. Whenever there shall have 
been issued any bonds by any rural high school district uniting with other 
rural high school districts, or with common school districts, to form a 
single rural high school district, the whole new district shall be liable 
for the amount remaining unpaid upon said bonds. 

Hist. '15, c. 122, § 2, p. 268. 

38:226. Formation: Election. At the election provided for in sec- 
tion 223 of this chapter, each district shall vote separately in its own 
schoolhouse, or other place within such district designated in the notice 
of election, and the vote in each district shall determine if the district 
shall become united with other districts, to form the aforesaid rural high 
school district. Three notices of election shall be posted in each district 
10 days prior to the day of election, one of which notices shall be upon 
the door of the schoolhouse. The election shall be conducted in all re- 
spects as provided by law for the election of school trustees, and the bal- 
lots shall have printed thereon "For rural high school— yes," and "For 
rural high school — no" : Provided, That all elections in the several dis- 
tricts shall be upon the same day and between the same hours. The re- 
turns of said elections shall be certified by the local school board in each 
district to the chairman of the board of county commissioners. 



Hist. '11, c. 159, § 135, p. 535; '09, p. 73, S. B. 
74, § 2. 

Cross ref. Qualifications of voters: See annota- 
tion to 38:78. 



Irregularities: Unless fair election prevented, ir- 
regularities of officers should not prejudice rights 
of electors. Pickett v. Bd. of Comrs. (1913) 2 1 I. 
200, 133 P. 112. 



233 



38 :227 EDUCATION 

38:227. Trustees: Appointment: Tenure of office. If, in the 

judgment of the county commissioners, a sufficient number of districts 
shall have signified by their majority vote a desire to form a rural high 
school district, the county commissioners shall form such rural high school 

district, designating it as rural high school district No , of 

county, Idaho, and shall so certify to the board of trustees of the district 
at the time of their appointment, and within 30 days of the election pro- 
vided for in section 223 of this chapter, shall appoint a board of five trus- 
tees from among the resident freeholders or heads of families of the said 
rural high school district, one until the next election under the provisions 
hereof, one for two years, one for three years, one for four years, and 
one for five years. On the first Tuesday in September of each year there- 
after the qualified electors, voting at a central place in the rural high 
school district, shall elect one trustee for a term of five years. 

Hist. '11, c. 159, § 136a, p. 535; '09, p. 73, S. B. Jurisdiction of rural board: A rural high school 

74, § 3. beard does not have control over the various dis- 

Acts of rural high school board are ministerial. lricts tha * constitute it in regard to common school 
Tickett v. Bd. of Comrs. (1913) 24 I. 200, 133 P. n.;atters. The various districts constituting the rural 
ii 2. high school district still maintain their organization 

and identity. O. A. G. '11-12, p. 87. 

38:228. Same: Oath of office. The said board of trustees shall 
subscribe the official oath for school board members within 10 days of 
their appointment or election and shall file the same with the county super- 
intendent. 

Hist. '11, c. 159, § 136b, p. 536. 

38:229. Same: Organization. Within 10 days after their election 
and appointment, the said board shall meet and organize as the board of 
trustees of such rural high school district, by electing one of their number 
president and by electing a clerk or secretary who may or may not be 
one of their number. 

Hist. '11, c. 159, § 136c, p. 536. Subd. d omit- 
ted as temporary and superseded as to its perma- 
nent features by 38:186. 

38:230. Meetings of trustees. The other regular meetings of the 
board of trustees shall be held on the Tuesday following the last Saturday 
in March, June, September, and December of each year. The board may, 
however, hold special or adjourned meetings as they may from time to 
time determine. 

Hist. '09, p. 73, S. B. 74, § 4, first paragraph, 
reenacted '11, c. 159, § 137, p. 536. 

38:231. Powers and duties of trustees. The board shall have power: 

Hist. '11, c. 159, § 137, subd. 137a, p. 536. 

38:232. Same: Supervision of school. To supervise and visit the 
school. 

Hist. '09, p. 73, S. B. 74, § 4a, reenacted '11, c. 
159, § 137a, p. 536. 

38:233. Same: To fix rates of tuition. To admit all children of 
the district above the eighth grade, and to admit and provide rates of 
tuition for nonresident pupils, if they so elect. 

Hist. '09, p. 73, S. B. 74, § 4b, reenacted '11, c. Cross ref. Payment of tuition on transfer from 

159, § 137b, p. 536. other district: 38:262-5. 

38:234. Same: To appoint teachers. To appoint legally qualified 
teachers, and to fix, allow and order paid their salaries. 

Hist. '11, c. 159, § 137c, p. 536 ; '09, p. 73, S. B. cannot be paid out of the funds of the common 
73, § 4c. schools, but out of the special fund provided for 

Hiring of teachers: Rural high school teachers rural hi * h schools. O. A. G. '11-12, p. 87. 

38:235. Same: To make rules and regulations. To fix wages, 
make general rules and regulations for the control of the school, suspend 

234 



RURAL HIGH SCHOOLS 38:241 

or expel pupils, fix the term of school, which shall not be more than 10 
months nor less than seven months in any one year. 

Hist. '11, c. 159, § 137d, p. 536 ; '09, p. 73, S. B. 
74, § 4d. 

38 :236. Same : To hold and manage real property. To rent or to 
purchase and hold real estate for such district high school, build and fur- 
nish schoolhouses, determine location of grounds and buildings, which 
shall be as near the center of the district as practicable, according to the 
sanitary conditions, and to receive and hold bequests and gifts for the 
benefit of the school, and to dispose of property belonging to the district, 
subject to the provisions hereinafter named. 

Hist. '11, c. 159, § 137e, p. 536; '09, p. 73, S. B. 
74, § 4. 

38:237. Same: To provide course of study. To provide a course 
of study which shall be approved by the state board of education, which 
course shall not consist of more than four years' work beyond the eighth 
grade of the common schools ; such course of study shall include instruc- 
tion in manual training, domestic science, nature study, and the elements 
of agriculture. 

Hist. '11, c. 159, § 137f, p. 537; '09, p. 73, S. B. Course of study: Rural high school districts may 

74. § 4. legally maintain course of study including ninth 

Cross ref. Supervision of courses by state board: » rade work - °- A - G - to Nellie Albertson, 10-13-15. 
38:21. 

38:238. Same: To fix amount of special tax; to issue deficiency 
warrants. To estimate and vote the amount of tax necessary to support 
the school, at a meeting previous to September 1st in each year, and 
report the same to the board of county commissioners, which amount may 
include the cost of transportation of students, and the creation of a sink- 
ing fund for the payment of principal and interest of bonds issued, if any, 
and shall be spread upon the tax roll the same as other district taxes., and, 
in their discretion, to issue warrants drawing legal interest for current 
expenses, the amount of which warrants shall not exceed 50 per cent of 
the tax voted. 

Hist. '11, c. 159, § 137g, p. 537; '09, p. 73, S. B. law there is no limit of taxation, but under 38:79, 

74, § 4. pertaining to districts other than independent dis- 

Cited: Coon v. Sommercamp (1915) 26 I. 776, ^ icts a ,ev y is Provided. By reasonable construc- 

idr P n 9R * lon we have a right to apply this to rural high 

, , , . , .,-.*.. school districts. O. A. G. '11-12, p. 87. 

Limit of tax: In the rural high school district 

38:239. Same: To call meetings to vote on building program. To 

call special elections or meetings of the district, if necessary, to vote the 
amount of money to be raised for the purchase of grounds and erection 
and equipment of buildings, and for such other purposes as may be neces- 
sary within the authority of the provisions of this article, or of the general 
school laws. 

Hist. '11, c. 159, § 137h, p. 537 ; '09, p. 73, S. B. houses, but only to pay current expenses since pro- 

74 § 4h vision is made by '13, p. 525, for bonding to build 

Deficiency warrants: Rural high school districts ™* ^uip sch oolhouses (see 38:24')- O. A. G. to 

.• tl nnot issue deficiency warrants to build school- * rank L - Stephan, 3-29-17. 

38:240. Officers of board: Duties. The duties of the officers of 
the board shall be the same as is prescribed by law for similar officers of 
other boards of school trustees, and in addition thereto, the clerk or the 
secretary shall certify to the county superintendent, quarterly, the num- 
ber of teachers that are regularly employed in said school. 

Hist. '09, p. 73, S. B. 74, § 5, reenacted '11, c. Cited: Coon v. Sommercamp (1915) 26 I. 776, 

lo9, § 138, p. 537. 146 P. 728. 

38:241. Bonds: Election. Two-thirds of the qualified electors of 
such rural high school district may vote bonds in any amount, not to 
exceed 2 per cent of the assessed valuation of the property in said district, 
the proceeds to be spent in purchasing, building or equipping such high 
school and grounds. The election held for this purpose shall be conducted 

235 



38 :242 education 

in all respects as provided by the laws of Idaho for similar purposes: 
Provided, That the bonds so voted and issued shall not run longer than 
20 years, nor draw a rate of interest higher than 6 per cent per annum. 

Hist. '13, c. 156, p. 525; '09, p. 73, S. B. 74, § 6, Cross ref. Qualifications of voters: See annota- 

reenacted '11, c. 159, § 139, p. 537. tion to 38:78. 

38:242. Supervision by state board of education. The high schools 
established under the provisions of this article shall be under the super- 
vision of the state board of education, and all questions of management, 
support and control arising under the provisions of this article, and not 
expressly provided for herein, shall be subject to the provisions of the 
general laws of the state. 

Hist. '09, p. 73, S. B. 74, § 7 ; '11, c. 159, § 140, 
p. 538. 

38:243. Segregation of component districts. Whenever two-thirds 
of those who are heads of families and residents of any regularly organ- 
ized school district joined to a rural high school district, shall present a 
petition to the board of county commissioners showing that it is to the 
best interests of the said regularly organized school district to be segre- 
gated from the rural high school, to which said regularly organized dis- 
trict is joined, it shall be lawful for the said board, if they agree, and 
if by so doing there will be left at least two regularly organized school 
districts in said rural high school district to segregate said petitioning 
subdistrict from said rural high school district. Any regularly organized 
school district so segregated shall forfeit its rights to any portion of the 
moneys on hand, and to any claims upon the property of said rural high 
school district : Provided, That the aforesaid petition shall be filed in the 
office of the county superintendent 15 days prior to the quarterly meeting 
of the county commissioners. 

Hist. '15, c. 122, § 3, p. 268; '11, c. 159, § 141, rural high school district be composed of two or 

p. 538; attempted to be repealed '13, c. 115, § 18, more common school districts. '11, c. 159, § 134, p 

p. 451. Repeal held ineffective, Gaiser v. Steele 535. O. A. G. '13-14, p. 37. (38:223.) 

(1914) 25 I. 412, 137 P. 889. Procedure: Under this statute the petition and 

Minimum sized district: Where a rural high * he | ^ts upon which it is presented should be 

school district consists of but two common school heard by the board of commissioners and by them 

districts, neither common school district can with- £ as ^Q upon - Gaiser v - Stee,e < 1914 > 25 L 412 « 13 ' 

draw, since the plain intent of the law was that a *■ °°^. 

ARTICLE 14. 
CONSOLIDATED AND JOINT INDEPENDENT AND RURAL HIGH SCHOOL DISTRICTS. 

38:244. Consolidated independent school districts. Whenever a 
majority of the heads of families who are residents of any common or 
independent school district within the state of Idaho shall petition the 
board of county commissioners to be annexed to any adjoining independent 
school district, it shall be the duty of the county commissioners through 
the clerk of the said board to cause notice of the filing of such petition to 
be made in the district affected thereby, by posting same in three public 
places in each district, one of which said places shall be on the door of the 
schoolhouse, and by publishing the same at least once a week for four 
consecutive weeks in the newspaper deemed by said county commissioners 
most likely to give notice to the residents of said districts; said notice 
shall state the substance or prayer of the petition and shall specify a date 
upon which the same shall be voted upon in each of the school districts 
affected thereby, which said date shall not be earlier than 30 days from 
the date of the first publication of the notice in the newspaper as herein- 
before provided. 

Hist. '15, c. 58, § 1, p. 145. "Heretofore" in 
last sentence changed to "hereinbefore." 

38:245. Same: Election. Upon the date specified in said notice of 
election there shall be an election held in each district affected by the 
proposed consolidation, and if a majority of those voting in each district 

236 



PREVENTION OF DISEASE 38 :251 

vote in favor of such consolidation, the county commissioners shall, upon 
the certification of the result thereof to them by the district trustees of 
the respective districts, declare the said districts consolidated. 

Hist. '15, c. 58, § 2, p. 145. 

38:246. Same. The election provided in the preceding section shall 
be held in all respects as other elections are held under the provisions of 
the school laws of the state of Idaho. 

Hist. '15, c. 58, § 3, p. 146. 

Cross ref . Qualifications of voters : See annota- 
tion to 38:78. 

38 :247. Consolidated districts become independent districts. Any 

districts consolidated under the provisions of this article shall thereafter 
become independent school districts. 

Hist. '15, c. 58, § 4, p. 146. 

38:248. Same: Directors. When two or more districts are con- 
solidated if one is an independent school district class A, the directors of 
such independent school district class A shall be directors of the consoli- 
dated district. If none of the consolidating districts is an independent 
school district class A, then the directors of the independent district em- 
ploying the greater number of teachers shall serve as directors of the con- 
solidated district until the next annual election. 

Hist. '15, c. 58, § 5, p. 146. 

38:249. Joint independent and rural high school districts. A joint 
independent school district, or a joint rural high school district, may be 
formed from territory (or in case of joint rural high school districts, 
from school districts) belonging to two or more contiguous counties. For 
the purpose of organizing such joint districts the same preliminary steps 
must be taken, and the same course pursued as in the organization of like 
districts lying wholly within the boundaries of a single county. Such 

districts shall be designated as joint independent school district No 

of the counties of „., or joint rural high school district No of 

the counties of , and be so numbered that it shall have the same 

number in all the counties out of whose territory such district is formed. 
The proceedings for its formation shall be had in each county or district 
interested : Provided, That the school census, the record of attendance at 
school, the assessing of property, the collection of taxes, and all acts which, 
from their nature, shall be separately kept, shall be kept and done, and 
the report thereof made as if each portion of said district were an entire 
district in the respective counties. It shall be sufficient for teachers of 
such joint district to be qualified in either of the counties whose territory 
comprise the same. 

Hist. '13, c. 121, § 1, p. 467. 

Cross ref. Qualifications of voters: See annota- 
tion to 38:78. 

38:250. Joint districts: Division by creation of counties. No 

county division or change of county boundaries shall abolish or disor- 
ganize such districts existing at the time of such division or change, but 
it shall be the duty of the board of county commissioners of the respective 
counties affected thereby to rename the same as a joint district as re- 
quired in the preceding section, and such renamed joint district shall in 
all things be considered a continuation of the existing district. 

Hist. '13, c. 121, § 2, p. 468. 

ARTICLE 15. 
PREVENTION OF DISEASE. 

38:251. School board to be notified of contagious disease. The 

owner, or agent of the owner, of a house in which a person resides who 

237 



38 :252 education 

has smallpox, diphtheria, scarlet fever or any other contagious or infec- 
tious disease, dangerous to the public health, and the physician called to 
attend the person or persons so affected shall, within 24 hours after be- 
coming cognizant of the fact, give notice thereof to the clerk of the board 
of trustees of the school district in which said person so afflicted resides, 
and said person so afflicted shall be kept away and apart from all other 
persons except those whose presence may be necessary to the physical or 
spiritual well-being of such person or persons. 

His*. R. C. § 663, reenacted '11, c. 159, § 142, are to be excluded from school: § 1104. Schools 
p. 538; '99, p. 451, § 1. may be closed during prevalence of epidemic: §' 

Cross ref. Persons residing in quarantined houses HO'. 

38:252. Exclusion of pupils from infected households. The school 
trustees of the various school districts in the state shall not allow any 
pupil to attend the public schools while any member of the household to 
which such pupil belongs is sick of smallpox, diphtheria, scarlet fever or 
other contagious or infectious disease, dangerous to the public health, or 
during the period of two weeks after the death, recovery, or removal of 
such sick person ; and any pupil coming from such household shall be re- 
quired to present to the teacher of the school the pupil desires to attend, 
a certificate from the attending physician of the facts necessary to entitle 
him to admission in accordance with the above regulations. 

Hist. R. C. $ 664, reenacted '11, c. 159. § 143, p. 
538 ; '99, p. 451, § 2. 

38:253. Disinfection of textbooks. Whenever any textbook or 
books belonging to any school district shall be in the house during the 
time that pupils residing in such house are prevented from attending the 
public school in accordance with the provisions of this article, such book 
or books shall not be returned to such public school until the same shall 
have been thoroughly disinfected under the direction of the attending 
physician, who shall certify the same to the teacher of said school, or to 
the clerk of the board of trustees in case the school is not in session at 
such time. 

Hist. R. C. S 665. reenacted '11. c. 159, S 144, p. 
• r .;;9 ; '99, p. 451, § 3. 

38:254. Violation of article a misdemeanor. Any school trustee or 
other person violating any of the provisions of this article shall be deemed 
guilty of a misdemeanor. 

Hist. R. C. § 666, reenacted '11, c. 159, § 145, p. 
5.%9 ; "99, p. 451, § 4. 

ARTICLE 16. 
COMPULSORY EDUCATION. 

38:255. Compulsory education law: Where found. The compul- 
sory education law shall be the provisions of section 274 of this chapter. 
To render the same more effective, the following is prescribed : 

Hist. '11, c. 159, S 146, p. 539. 

38:256. County superintendents to publish law. It shall be the 
duty of the county superintendent to publish this law for four weeks in 
at least two newspapers in the county before the opening of school in 
September. The county superintendent shall also have the law printed 
on large sheets of board and shall cause the same to be placarded wherever 
necessary. 

Hift. '11, c. 159, S 147, p. 539. 

38:257. Census list. It shall be the duty of the clerk of the board 
of school trustees of each district, on or before the third Monday in Sep- 
tember, to furnish or cause to be furnished to the head teacher of the 
schools in his district a list of all the children in the school district be- 

23 S 



FREE TUITION 38 :262 

tween the ages of 8 and 18 years, said list to be taken from the report of 
the school census marshal for the current year. 

Hist. '11, c. 159, § 148, p. 539. 

Cross ref. Duty of clerk as census marshal: 38:97. 

38:258. Census list and enrollment to be checked. It shall be the 
duty of the head teacher of each district to check or cause to be checked 
the enrollment of the school against the report furnished by the clerk 
as aforesaid and to report to the county superintendent all pupils not in 
attendance who are within the ages of 8 and 16 and who have no release 
from school : Provided, That this section shall not apply to children over 
15 who shall have completed the eighth grade. 

Hist. '17, c. 12, S 1, subd. 149a, p. 28; '11, c. 
159, 8 149a, p. 540. 

38 :259. Absentees to be reported. At the beginning of each month 
thereafter it shall be the duty of such head teacher to report to the county 
superintendent, the names of all children between 8 and 16 not bearing 
releases who failed to attend school during the preceding month. It shall 
be the duty of the county superintendent to refuse to countersign the 
teachers' warrants until such reports are made as herein provided : Pro- 
vided, That districts having a superintendent of schools shall not report 
to the county superintendent but shall proceed through their district super- 
intendent in the same manner as herein provided for county superin- 
tendents. 

Hist. '17, c. 12, § 1, subd. 149b, p. 28: '11, c. 
159, § 149b, p. 540. 

38:260. Duty of county superintendents. Upon the receipt of such 
report the county superintendent shall promptly give to the probation 
officer the names of all pupils who do not bear releases from school issued 
by proper authority. 

Hist. '11, c. 159, § 150, p. 540. 

38:261. Duty of probation officers. The probation officer shall 
serve due notice upon the parents and guardians to place such children in 
school. If said children are not placed within school within a reasonable 
time and are not entitled to bear a release, then the child and the parent 
or guardian shall be proceeded against as provided in the laws for the 
correction of delinquent children. It shall be the duty of the probation 
officer to prefer such complaints. 

Hist. '11, c. 159, § 151, p. 540. 

ARTICLE 17. 

FREE TUITION. 

Note: Provision for tuition of nonresident pupils in common school districts, 38:69, 89; in 
independent school districts, 38:196; in rural high school districts, 38:233. 

38:262. Payment of high school tuition by district. All school dis- 
tricts within the state of Idaho which do not maintain a four-year high 
school shall pay tuition for pupils of such district who have completed 
the course offered therein and who desire to attend high school in another 
district. If the two districts are in the same county, the amount of tuition, 
as hereinafter set forth, shall be transferred by the county superintendent 
from the district wherein the pupil resides to the district wherein he 
attends high school from the county school fund. If the two districts 
are in different counties, the county auditor of the county in which the 
pupil resides shall, on the written order of the county superintendent of 
that county, draw a warrant, in the amount directed, against the school 
fund of the said district and transmit the same to the county superintend- 
ent of the county in which the pupil attends school, who will immediately 
place the same to the credit of the proper district. Copies of the order 
above specified shall be transmitted to the county superintendent making 

239 



38 :263 education 

it to the clerks of the boards of trustees of the districts in which the pupil 
resides and in which he attends school at the time the order is delivered 
to the county auditor. Payment of such high school tuition shall be judged 
a part of the necessary minimum expense of any district in applying spe- 
cial aid under section 110 of this chapter. 

Hist. '17, c. 13, § 1, p. 30; '15, c. 54, § 1, p. 141. 

38 :263. Same : Rate of tuition. The maximum rate of tuition shall 
be.$3 per pupil per school month with the exception that high schools main- 
taining departments of agriculture, home economics, manual training or 
other vocational work may receive $4 per school month when at least two 
such departments are approved by the county superintendent of public 
instruction and the state board of education. Tuition shall be charged 
monthhy and a fraction of a month shall be deemed a month. No district 
which receives aid under section 110 of this chapter shall charge more 
than $3 per month tuition. 

Hist. '15, c. 54, $ 2, p. 142. 

38:264. Same: Duty of county superintendent. Bills of tuition of 
nonresident pupils shall be rendered by the superintendent of the high 
school district in which the pupils are attending school, and when approved 
by the county superintendent of public instruction, such county superin- 
tendent is empowered to make the proper transfer of funds. The state 
board of education shall prepare and have printed and distributed a suf- 
ficient number of blank forms for that purpose. 

Hist. '15, c. 54, § 3, p. 142. 

38:265. Same: Duties of high schools. Every high school within 
the state of Idaho subject to the general school laws of the state shall re- 
ceive nonresident pupils upon the basis above set forth, except when it 
would work a hardship upon the high school district : Provided, That the 
county superintendent of public instruction shall be the judge of such 
cases subject to review by the state board of education : And, Provided 
further, That high schools shall not be required to admit pupils who have 
not passed the eighth grade state examination or in some other manner 
established their fitness to enter said high school : And, Provided also, 
That for the purposes of this article such high school work only shall be 
recognized as has been approved by the state board of education or by the 
county superintendent in accordance with the regulations of the said board. 

Hist. '17, c. 13, § 2, p. 30; '15, c. 54, $ 4, p. 142. 

ARTICLE 18. 

PROCEEDINGS FOR THE CORRECTION OF DELINQUENT CHILDREN. 

Note: This article is not penal but reformatory and charitable in purpose. Re Sharp (1908) 
15 I. 120. 96 P. 563, 18 L. R. A. (N. S.) 886; Re Small (1910) 19 I. 1, 116 P. 118. 

38:266. Delinquent child defined. This article shall apply only to 
children under the age of 18 years not inmates of a state institution, or 
any institution incorporated under the laws of the state, for the care and 
correction of delinquent children. The record of the census made by the 
clerk of the school district where any child was last enumerated shall be 
prima facie evidence of the age of such child for the purposes of this 
article. The words "delinquent child" shall include any child under the 
age of 18 years who violates any law of this state, or any city or village 
ordinance ; or who is incorrigible or who knowingly associates with thieves, 
vicious or immoral persons; or who is growing up in idleness or crime, 
or who knowingly visits or enters a house of ill fame ; or who knowingly 
patronizes or visits any policy shop or place where gambling device is, or 
shall be operated; or who patronizes or visits any pool room or bucket 
shop, or who wanders the streets in the night time without being on any 
lawful business or occupation ; or who habitually wanders about any rail- 

240 



CORRECTION OF DELINQUENT CHILDREN 38 :268 

road yard or tracks, or who jumps or hooks on to any moving train, or 
enters any car or engine without lawful authority; or who habitually 
uses vile, obscene, vulgar, profane or indecent language, or is guilty of 
immoral conduct in public places or about any schoolhouse. Any child 
committing any of the acts herein mentioned shall be deemed a juvenile 
delinquent person, and shall be proceeded against as such in the manner 
hereinafter provided. A disposition of any child under this article, or 
any evidence given in such cause shall not, in any civil, criminal or other 
cause or proceeding whatever in any court, be lawful or proper evidence 
against such child for any purpose whatever, excepting in subsequent cases 
against the same child under this article. The word "child" or "children" 
may mean one or more children, or the word "parent" or "parents" may 
mean one or both parents when consistent with the intent of this chapter. 

Hifct. '09, p. 272, S. B. 88, § 1, reenacted '11, Wash. See '05, p. 34, § 1. 

tt c\ l«R 2 ' P ' 54 ° : '° 6 ' P " 106 ' - h Feenacted Construed: When any person by act encourages. 

K Kj. a e«J<£s. causes or contributes to the delinquency of a child, 

Comp. leg. — N. D. See C. Cr. P. § 11402. he is guilty of a misdemeanor whether such child 

Utah: See '05, c. 117, p. 182. See (brief of has been declared a delinquent or not. S. v. Drury 

counsel) Re Sharp (1908) 15 I. 120. (1914) 25 I. 787, 139 P. 1129. 

38:267. Jurisdiction of probate court: Records and reports. The 

probate courts of the several counties in this state shall have jurisdiction 
in all cases coming within the terms and provisions of this article. Record 
books shall be kept by the court for all cases coming within the provisions 
of this chapter to be known as the juvenile record, and the docket or cal- 
endar of the court upon which there shall appear the case or cases under 
the provisions of this chapter shall be known as the juvenile docket. Be- 
tween the 1st and 30th days of October of each year the court shall submit 
to the governor a report in writing, upon blanks to be furnished by the 
state, showing the number and disposition of delinquent children brought 
before such court, together with such other useful information regarding 
such cases, and the parentage of such children, as may be reasonably ob- 
tained at the trials thereof: Provided, That the name or identity of any 
such child or parent shall not be disclosed in such report, and that such 
report shall not be published at state expense. 

Hist. R. C. § 8329, reenacted '11, c. 159, $ 153, Jurisdiction not exclusive: Probate courts have 

p. 541 ; '05, p. 106, § 2. not exclusive jurisdiction of prosecutions under this 

Comp leg. N. D. See C Cr P § 11405. section. Probate and justice courts have concurrent 

" " " ' g£o jurisdiction of such prosecutions and a convicted 

Wash. See 05, p. 34, §>, 2, 3. defendant may, on appeal to district court, be tried 

Cited: Re Sharp (1908) 15 I. 120, 133; 96 P. de novo. S. v. Drury (1914) 25 I. 787, 139 P. 1129. 
563, 18 L. R. A. (N. S.) 886. 

38:268. Information or complaint. All proceedings under this ar- 
ticle shall be by information or sworn complaint to be filed by the prose- 
cuting attorney of the county as in other cases under the general laws of 
the state, or such information or sworn complaint may be filed by the 
probation officer, if there be one. In any such information or complaint 
filed under this article, the act or acts claimed to have been committed by 
the child proceeded against shall in a general way be stated therein as 
constituting such child a juvenile delinquent child or person. When the 
information or complaint so states a cause of delinquency under the pro- 
visions of this article, that the court may understand it, all irregularities 
or defects of form therein must be disregarded and all technical pleas 
or objections thereto must be summarily disposed of by the court, and the 
court's ruling thereon shall be final. It shall be unlawful for any officer 
or person to charge or collect any fees, or for any county or state to pay 
any fees for any service performed by any officer or person under the 
provisions of this article. 

Hist '13 c 115 § 19 p 451- '05 p. 106, § 3, constitutional because it limits the right of appeal, 
reenacted R*. C * 8330, reenacted '11, c. 159, $ 154, Re Sharp (1908) 15 I. 120. LSI. 'Mi P. 563, IS L. R. 
,, 542. A. (N. S.) 886. 

Limited right of appeal: This section is not un- 

241 



38 :269 education 

38 :269. Issuance of warrant : Imprisonment to be avoided. Upon 
the filing of an information under this chapter, a warrant or capias may 
issue as in other cases, but no incarceration of the child proceeded against 
thereunder shall be made or had, unless, in the opinion of the judge of 
the court, or, in the absence of the judge from the county seat, then in the 
opinion of the sheriff of the county, it shall be necessary to insure, its at- 
tendance in court at such times as shall be required. In order to avoid 
such incarceration, if practicable, it shall be the duty of the sheriff of 
the county, or his deputy or representative, to serve a notice of the pro- 
ceedings upon at least one parent of the child, if living and known, or its 
legal guardian, or if his or her whereabouts or residence is not known, 
or if neither parent or guardian shall be in this state, then some relative 
living in the county, if any there be whose whereabouts are known, and 
such judge or sheriff may accept the verbal or written promise of such 
person so notified, or of any other proper person, to be responsible for the 
presence of such child at the hearing in such case, or at any other time 
to which the same may be adjourned or continued by the court. In case 
such child shall fail to appear at such time or times as the court may re- 
quire, the person or persons responsible for its appearance as herein pro- 
vided for, unless in the opinion of the court there shall be reasonable cause 
for such failure of such child to appear as herein provided for, may be 
proceeded against as in cases of contempt of court and published accord- 
ingly; and where any such child shall have failed to appear, as required 
by the court or its officers, any warrants, capias or alias capias, issued in 
such cases may be executed as in other cases : Provided, however. That 
no child under 14 years of age shall, under any circumstances, be incar- 
cerated in any common jail, cell or lockup, but a suitable room in the 
county building or courthouse must be provided wherein the sheriff may 
safely keep such child. Any child so informed against shall also have the 
right now given by law to any person to give bond or other security for 
its appearance at the trial of such case, and the court may, in any such 
case, appoint counsel to appear and defend on behalf of any such child, 
who must serve without compensation from the county or state. 

Hist. R. C. S 8331, reenacted '11, c. 159, § 155, 
p. 542 ; '05, p. 106, * 4. 

Comp. leg. — Wash. See '05, p. 34, §§ 5, 9. 

38:270. Arrested child to be taken before probate court. When 
any child under the age of 18 years is arrested, with or without warrant, 
except when the charge against such child is a felony, such child shall, 
instead of being taken before a justice of the peace or police magistrate, 
be taken directly before the probate court ; or if the child is taken before 
a justice of the peace or police magistrate, upon complaint sworn out in 
such court or for any other reason, it shall be the duty of such justice of 
the peace or police magistrate to transfer the case to such probate court, 
and of the officers having the child in charge, to take the child before that 
court, and in any such case the court may proceed to hear and dispose of 
the case in the same manner as if such child had been brought before the 
court upon information originally filed as herein provided. 

Hist. '09, p. 272. S. B. 88, § 2, reenacted '11, c. coming within the purview of the delinquent chil- 
159, § 156, p. 543 ; '05, p. 106, § 5, reenacted R. C. dren law and that they should be proceeded against 
8 8332. under the industrial school law. O. A. G. '05-06, 






Comp. leg.— Wash. See '05, p. 34, § 10. 



p 106. 



Application: It would seem that this section N ot a p ^ iso Q ner: n A.J? 11 "^ 11 * S* 1 * is , " ot a 

would exclude children charged with a felony from Prisoner. Re Small (1910) 19 I. 1, 116 P. 118. 

38:271. Commitment of child. In any case of a delinquent child 
coming under the provisions of this article, the court may continue the 
hearing from time to time, and may commit the child to the care of the 
sheriff, and may allow said child to remain in its own home, subject to 

242 



CORRECTION OF DELINQUENT CHILDREN 08 :273 

the sheriff, such child to report to the court or sheriff as often as may 
be required, and subject to be returned to the court for further proceed- 
ings whenever such action may appear necessary, or the court may cause 
the child to be placed in a suitable family home, subject to the friendly 
supervision of the sheriff, and the further order of the court; or it may 
authorize the child to be boarded out in some suitable family home, in 
case provision is made by voluntary contribution or otherwise for the pay- 
ment of the board of such child, until suitable provision be made for the 
child in a home without such payment, or the court may commit such 
child to the Idaho industrial training school ; or the court may commit the 
child to any institution within the county, incorporated under the laws of 
this state, that may care for children or to any state institution which 
may now or hereafter be established for the care of boys or girls. In no 
case shall a child proceeded against under the provisions of this article 
be committed beyond the age of 21. A child committed to any such insti- 
tution shall be subject to the control of the board of managers and the 
said board shall have power to parole such child on such conditions as it 
may prescribe, and the court shall, on the recommendation of the board, 
have power to discharge such child from custody, whenever, in the judg- 
ment of the court, his or her reformation is completer or the court may 
commit the child to the care and custody of some association or society 
that will receive it, embracing within its objects the care of neglected or 
delinquent children, and which has been duly credited as herein provided : 
Provided, That when the court shall commit a child to any person or asso- 
ciation or institution of any kind other than some institution existing 
under the authority and laws of this state, it must not be at the expense of 
the state, and in ail such cases the court may require a proper bond of the 
party or institution receiving the custody of such child, for its proper care, 
support and education, 

Hist. R. C. § 8333. reenacted '11. c. 159. S 157, Comp. leg.— N. D. See C. Cr. P. § 11409. 

P. 543; *05. p. i06, § 6. Wash. See '05, p. 37, § 8. 

38:272. Supervision of institutions receiving children. All institu- 
tions or associations, other than state institutions, receiving children under 
this article, shall be subject to the same visitation, inspection and super- 
vision as are public charitable institutions of this state, and it shall be the 
duty of the governor to pass annually upon the fitness of any institution 
or association which may receive, or desire to receive any child or chil- 
dren under the provisions of this article; and every such institution or 
association shall, at such times as said governor shall direct, make a report 
to him, showing its condition, management and competency to adequately 
care for such children as are, or may be, committed to it, and such other 
facts as said governor may require, and upon said governor being satisfied 
that any such institution or association is competent, and has adequate 
facilities to care for such children, he shall issue to the same a certificate 
to that effect, which certificate shall continue in force for one year unless 
sooner revoked by said governor, the court or the judge thereof may, at 
any time, require from any such institution or association receiving or 
desiring to receive children under the provisions of this article, such re- 
port, information and statements as the court or judge shall deem proper 
and necessary for his action, and the court shall in no case commit a child 
or children to any association or institution whose standing, conduct or 
care of children, or ability to care for the same, is not satisfactory to the 
court. 

Hist. R. C. § 8334, reenacted '11, c 159, § 158, 
p. 544 ; '05, p. 106, 8 7. 

38:273. Encouraging delinquency a misdemeanor. In all cases 
where any child shall be a delinquent child, a juvenile delinquent person, 



243 



38 :274 education 

or a juvenile disorderly person, as defined by this article, the parent or 
parents, legal guardian, or person having the custody of such child, or any 
other person responsible for, or by any act encouraging, causing or con- 
tributing to the delinquency of such child, shall be guilty of a mis- 
demeanor, and upon trial and conviction thereof shall be fined in a sum 
not to exceed $300, or imprisonment in the county jail for a period of not 
exceeding six months, or shall suffer both fine and imprisonment. The 
court may impose conditions upon any person found guilty under this 
article, and so long as such person shall comply therewith to the satisfac- 
tion of the court, the sentence imposed may be suspended. 

Hist. '09, p. 272, S. B. 88, § 3, reenacted '11, c. brought under this section to allege specific acts 

159, § 159, p. 545 ; '05, p. 106, § 8 ; '07, p. 231, § 1 ; performed by the child nor facts constituting child 

R. C. § 8335. a "delinquent" (within the definition of 38:266). 

Comp. leg.— Cal. Similar: '09, p. 213. See S. v. An information is sufficient if it appears therefrom 

Drury (1914) 25 I 787 139 P 1129 that the defendant has performed acts which en- 

_. _ _, ,A«„! 1 T „1„ „ t, „„„ .„ courage, cause, or contribute to delinquency of such 

L r'a (N G S) a 886 Chi,cL S " V " DrUry (1914) 25 L ?87 ' 139 P ' 1129 * 

" " ' . Delinquent: An adjudication to the effect that 

Application: This section applies to deaf and the chi!d in ques tion is a "delinquent" is not pre- 

hlind children within the state. O. A. G. 11-12, requisite to the maintenance of a prosecution under 

P 88 - this section. S. v. Drury (1914) 25 I. 787, 139 P. 

Information: It is not necessary in information 1129. 

38:274. Compulsory education. In all districts of this state all par- 
ents, guardians and other persons having care of children shall instruct 
them or cause them to be instructed in reading, writing, spelling, English 
grammar, geography and arithmetic. In such districts every parent, 
guardian or other person having charge of any child between the ages of 
8 and 16 years, shall send such child to a public, private or parochial school 
for the entire school year during which the public schools are in session 
in such district: Provided, however, That this article shall not apply to 
children over 15 years of age where such child shall have completed the 
eighth grade or may be eligible to enter any high school in such district, 
or where its help is necessary for its own use or its parents' support or 
where for good cause shown it would be for the best interest of such child 
to be relieved from the provisions of this article : Provided further, That 
if a reputable physician within the district shall certify in writing that 
the child's bodily or mental condition does not permit its attendance at 
school, such child shall be exempt during such period of disability from 
the requirements of this article. It shall be the duty of the superintendent 
of the school district, if there be such superintendent, and if not, then the 
county superintendent of schools, to hear and determine all applications 
of children desiring, for any of the causes mentioned here, to be exempted 
from the provisions of this article, and if upon such application such super- 
intendent hearing the same shall be of the opinion that such child for any 
reason is entitled to be exempted as aforesaid, then such superintendent 
shall issue a written permit to such child, stating therein his reason for 
such exemption. An appeal may be taken from the decision of such su- 
perintendent so passing upon such application to the probate court of the 
county in which such district lies, upon such child making such applica- 
tion and filing the same with the clerk or judge of said court, within 10 
days after its refusal by such superintendent, for which no fee to exceed 
the sum of $1 shall be charged, and the decision of the probate court shall 
be final. An application for release from the provisions of this article 
shall not be renewed oftener than once in three months. 

Hist. '17, c. 12, § 2, p. 28 ; '05, p. 106, § 9, re- Cross ref. Minimum educational requirements 

enacted R. C. § 8336; '09, p. 224, H. B. 79, re- under child labor law: 38:281. 
enacted '11, c. 159, § 160, p. 545. 

38:275. Juvenile disorderly person denned. Every child within the 
provisions of this article who does not attend school, as provided in the 
preceding section, or who is in attendance at any public, private or paro- 
chial school, and is vicious, incorrigible or immoral in conduct, or who is 

244 



CORRECTION OF DELINQUENT CHILDREN 38 :277 

an habitual truant from school, or who habitually wanders about the streets 
and public places during school hours without lawful occupation or em- 
ployment, or who habitually wanders about the streets in the night time, 
having no employment or lawful occupation, shall be deemed a juvenile 
disorderly person, and be subject to the provisions of this article. 

Hist. R. C. § 8336a, reenacted '11, c. 159, § 161, 
p. 546 ; '05, p. 106, § 10. 

38:276. Same: Complaint: Hearing and commitment. When a 
child shall be a juvenile disorderly person within the meaning of this 
chapter, the truant officer, or any school teacher, or other reputable per- 
son may take complaint in the probate court of the county in which such 
child resides. The probate court shall hear and determine such complaint, 
and if it is determined that such child is a juvenile disorderly person within 
the meaning of this article, he or she shall be coommitted to a children's 
home, if eligible, or to the Idaho industrial training school, or to some 
other training school, taking into account the years of the child with ref- 
erence to the institution selected. Any child committed to a children's 
home, on its being shown to the judge of said court that it is incorrigible 
and vicious, may be transferred to the industrial school or other proper 
institution. No child committed to any reformatory shall be detained be- 
yond his majority, and may be discharged sooner, or paroled by the trus- 
tees or board of control under rules and restrictions applicable to other 
inmates. Any order of commitment may be suspended by the judge of 
the probate court during such time as the child may regularly attend school 
and properly conduct itself. The expense of the transportation of the 
child to the juvenile reformatory shall be paid by the county from which 
the child is committed. 

Hist. R. C. § 8336b, reenacted '11, c. 159, § 162, 
p 546 ; '05, p. 106, § 11. 

38:277. Probation officers: Appointment and duties. The probate 
courts of the several counties in this state shall have authority to appoint 
or designate one or more discreet persons of good moral character to 
serve as probation officers during the pleasure of the court ; said probation 
officers having authority to act only upon the request and under the direc- 
tion of the probate court, and to receive such compensation for services 
actually performed as the probate court shall deem just and proper. The 
number of paid probation officers appointed and designated by the court 
shall be as follows : In counties in which the last school census shows a 
school population of over 5,000 not to exceed two probation officers; in 
all other counties not to exceed one probation officer: Provided, however, 
That in independent school districts and school districts having graded 
schools, of three or more teachers, the probate court, upon request of the 
board of trustees of said district, shall appoint a probation officer living 
within such district; said probation officer having authority to act upon 
the request and under the direction of the probate court or board of trus- 
tees of said districts. Said probation officer to be paid by said school dis- 
trict such compensation for services actually performed as the probate 
court shall deem just and proper. In case a probation officer shall be ap- 
pointed, it shall be the duty of the judge of the court, if practicable, to 
notify said probation officer when any child is to be brought belore the 
court ; it shall be the duty of said probation officer to make investigation 
of such case; to be present in court to represent the interests of the child 
when the case is heard ; to furnish to the court such information and assist- 
ance as the court or judge may require; and to take charge of any child 
before and after the trial as may be directed by the court or judge. Pro- 
bation officers provided for by this article are hereby vested with all power 

245 



38:278 education 

and authority of sheriffs, constables and police officers to make arrests and 
perform other duties incident to their offices as probation officers. 

Hist. R. C. § 8336c ; '05, p. 106, § 12 ; '07, p. 231, Comp. leg.— Wash. See '05, p. 34, § 6. 

§2; '17, c. 84, p. 299; '05, p. 106, § 12; '07, p. 231, Cited: S. v. Drury (1914) 25 I. 787, 139 P. 1129. 

S 2, reenacted R. C. § 8336c, reenacted '11, c. 159, 
S 163, p. 547. 

38:278. School trustees to report delinquents. It shall be the duty 
of the board of trustees of each school district to report to the county 
school superintendent all cases of truancy, delinquency, and incorrigibility 
which arise within their respective districts, and such county school super- 
intendent shall immediately report such cases to the judge of the probate 
court. 

Hist. R. C. S 8336d, reenacted '11, c. 159, § 164, 
1;. 547 ; '07, p. 231, § 3. 

38:279. Review of orders of probate court. All orders or final 
judgments made by any probate court or the judge thereof under this 
article, may be reviewed upon questions of law only. 

Hist. R. C. § 8337, reenacted '11, c. 159, § 165, defendants are, on appeal to the district courts, en- 

p. 547; '05, p. 106, § 13. titled to a trial de novo. S. v. Drury (1914) 25 I. 

Application: The provisions of this section re- '*>•» 139 P. 1129. 

late only to orders or final judgments made by the Right of appeal: This section is not unconstitu- 

probate court sitting as a juvenile court and are tional because it abridges the right of appeal. Re 

not applicable to cases where adults are prosecuted Sharp (1908) 15 I. 120, 134, 96 P. 563, 18 L. R. A. 

for the misdemeanor defined in 38:273. Such adult (N. S.) 886. 

ARTICLE 19. 
CHILD LABOR LAW. 

38:280. Restrictions on employment of children under 14. No 

child under 14 years of age shall be employed, permitted or suffered to 
work in or in connection with any mine, factory, workshop, mercantile 
establishment, store, telegraph or telephone office, laundry, restaurant, 
hotel, apartment house, or in the distribution or transmission of merchan- 
dise or messages. It shall be unlawful for any person, firm or corporation 
to employ any child under 14 years of age in any business or service what- 
ever during the hours in which the public schools of the district in which 
the child resides are in session, or before the hour of 6 o'clock in the 
morning, or after the hour of 9 o'clock in the evening : Provided, That any 
child over the age of 12 years may be employed at any of the occupations 
mentioned in this article during the regular vacations of two weeks or 
more of the public schools of the district in which such child resides. 

Hist. R. C § 1466, reenacted '11, c. 159, § 166, Comp. leg. Uniform child labor law, analogous 

p. 548; '07, p. 248, § 1. o.cept proviso and limitation of hours: §§ 1, 2. 

Cross ref. Employment of children under 14 
vears of age in underground mines prohibited : 
Const. XIII, 4. 

38:281. Same: Children under 16: Educational requirements. 

No minor who is under 16 years of age shall be employed or permitted 
to work at any gainful occupation during the hours that the public schools 
of the school district in which he resides are in session, unless he can 
read at sight and write legibly simple sentences in the English language, 
and has received instructions in spelling, English grammar and geography 
and is familiar with the fundamental operations of arithmetic up to and 
including fractions, or has similar attainments in another language. 

Hist. R. C § 1467, reenacted '11, c. 159, § 167, Comp. leg. Uniform child labor law, analogous: 

P. 548 ; '07, p. 248, § 2. §§ 11, 13. 

Cross ref. Compulsory education law, 38 :270. 

38 :282. Employers to keep record of minor employees. Every per- 
son, firm, corporation, agent or officer of a firm or corporation employing 
or permitting minors under 16 years of age and over 14 years of age to 
work in any mine, factory, workshop, mercantile establishment, store, 
telegraph or telephone office, laundry, restaurant, hotel, apartment house, 

246 



CHILD LABOR LAW 38 :286 

or on the distribution or transmission of merchandise or messages, shall 
keep a record of the names, ages, and place of residence of such minors. 

Hist. R. C. § 1468, reenacted '11, c. 159, § 168, except lequirement of employment certificate is 
p. 548; '07, p. 248, § 3. added: § 6. 

Comp. leg. Uniform child labor law, analogous 

38:283. Working hours for children under 16. No person under 
the age of 16 years shall be employed or suffered or permitted to work at 
any gainful occupation more than 54 hours in any one week, nor more 
than nine hours in any one day; nor before the hour of 6 o'clock in the 
morning nor after the hour of 9 o'clock in the evening. 

Hist. R. C. § 1469, reenacted '11, c. 159, § 169, Comp. leg. Uniform child labor law, analogous: 

p. 548; '07, p. 248, § 4. § 23. 

38:284. Penalty for violations of this article. Whoever employs a 
child under 16 years of age, and whoever having under his control a child 
under such age permits such child to be employed in violation of sections 
280 and 281 of this chapter shall, for such offense, be fined not more than 
$50, and whoever continues to employ any child in the violation of either 
of said sections of this chapter after being notified by a truant officer, pro- 
bation officer or school authority shall, for every day thereafter that such 
employment continues, be fined not less than $5 nor more than $20. A 
failure to produce to a truant officer, policeman, probation officer or school 
authority, the age record required by this article shall be prima facie evi- 
dence of the illegal employment of any person whose age record is not 
produced. Any parent, guardian or custodian of a minor under 16 years 
of age who knowingly swears falsely as to the age of such child for the 
purpose of obtaining an age record is guilty of perjury. 

Hist. R. C. § 1470, reenacted '11, c. 159, § 170, Cited: S. v. Drury (1914) 25 I. 787, 139 P. 1129. 

p 549 ; 07, p. 248, § 5. Comp. leg. Uniform child labor law, analogous : 

Cross ref. Punishment for perjury: § 6486. £§ 39, 40. 

38:285. Prohibition against theatrical employment of children. 

Any person, whether as parent, relative, guardian, employer or otherwise, 
having the care, custody or control of any child under the age of 16 years, 
who exhibits, uses or employs in any manner or under any pretense, sells, 
apprentices, gives away, lets out or disposes of such child to any person, 
under any name, title or pretense, for or in any business, exhibition or 
vocation, injurious to the health or dangerous to the life or limb of such 
child, or in or for the vocation, occupation, service or purpose of singing, 
playing on musical instruments, rope or wire walking, dancing, begging 
or peddling, or as a gymnast, acrobat, or contortionist, or rider, or in any 
place whatsoever, or for any obscene, indecent or immoral purpose, exhi- 
bition or practice whatsoever, or for or in any mendicant, or wandering 
business whatsoever, or who causes, procures or encourages such child 
to engage therein, is guilty of a misdemeanor, and punishable by a fine 
of not less than $50 nor more than $250, or by imprisonment in the county 
jail for a term not exceeding six months or by both such fine and impris- 
onment. Every person who takes, receives, hires, employs, uses, exhibits, 
or has in custody any child under the age and for any of the purposes 
mentioned in this section is guilty of a like offense and punishable by like 
imprisonment. Nothing in this section contained applies to or affects the 
employment or use of any such child as a singer or musician in any church, 
school or academy, or the teaching or learning of the science or practice 
of music. 

Hist. R. C. § 1741, reenacted '11, c. 159, § 171, Comp. leg. Uniform child labor law, theatrical 

p. 549; '07, p. 248, § 6. prohibition: § 4. 

38 :286. Employment of minors in immoral surroundings. Any per- 
son, whether as parent, guardian, employer or otherwise, and any firm or 
corporation, who as employer or otherwise, shall send, direct, or cause 

247 









38 :287 education 

to be sent or directed any minor, to any saloon, gambling house, house of 
prostitution or other immoral place; or who shall employ any minor to 
serve intoxicating liquors to customers, or who shall employ a minor in 
handling intoxicating liquor or packages containing such liquors in a 
brewery, bottling establishment or other place where such liquors are 
prepared for sale or offered for sale, shall, for each offense, be punished 
by a fine of not less than $50 or imprisonment for not less than two months 
or by both such fine and imprisonment. 

Hist. R. C. § 1472, reenacted '11, c. 159, § 172, 
I). 550 ; '07, p. 248, § 7. 

38:287. Probation officers and school trustees to bring complaint. 

The probation officer, or in counties where there is no probation officer, 
one or more of the school trustees shall visit the various places of employ- 
ment mentioned in sections 280 and 286 of this chapter and ascertain 
whether any minors are employed therein contrary to the provisions of 
this article, and they shall bring complaint for offenses under this article 
to the attention of the prosecuting attorney for prosecution, but nothing 
herein shall be held to prohibit any reputable citizen from bringing com- 
plaint for violations of this article. All offenses under this article shall 
be prosecuted in the probate court. 

Hist. R. C. § 1743, reenacted '11, c. 159, § 173, Comp. leg. Uniform child labor law, analogous: 

p. 550 ; '07, p. 248, § 8. S 36. 

Cited: S. v. Drury (1914) 25 I. 787, 139 P. 1129. 

ARTICLE 20. 
STATE LIBRARY COMMISSION. 

38:288. State library commission: Membership. The attorney 
general, secretary of state, state superintendent of public instruction, and 
the president of the state university, ex officio, are hereby constituted a 
state library commission, of which the attorney general shall be chairman, 
and the state superintendent of public instruction secretary. 

Hist. R. C. § 672, reenacted '11, c. 159, § 174, p. trict election for establishment of public library: 
550 ; '03, p. 283, S 1- See annotation to 38 :78. Supervision of commission 

Cross ref. Qualifications of voters in school dis- b ^ state board of education: 38:33. 

38:289. Traveling library: Management. Said commission shall 
have the management of the traveling library or libraries belonging to 
the state, and shall make such rules governing the use of the same, and 
of the books and property pertaining thereto, as it may deem necessary. 
Said commission shall cause said books to be distributed throughout the 
state, and at suitable intervals change such distribution in such manner 
as to secure the use and enjoyment of said books to the people of the state. 
The commission shall have power to employ a qualified librarian whose 
duties shall be defined by the said commission. It shall cooperate with 
the management of public schools and other free libraries within the state, 
and adopt such means as shall promote their establishment. Said com- 
mission may receive donations of money, books or other property, real or 
personal, for the benefit of such traveling library or libraries, the title 
to which property shall vest in the state of Idaho, to be held and controlled 
by said commission. Said commission shall report annually to the gov- 
ernor, with such recommendations as it may deem proper. 

Hist. '11, c. 159, § 175, p. 550; '03, p. 283, § 2; 
R. C. § 673. 

Cross ref. Reports of officers and boards: § 279. 

38:290. Accounts of commission. The secretary of said commis- 
sion shall keep a full report of the proceedings of said commission, and 
accurate accounts of expenses incurred by it in carrying out the provisions 
of this article. The chairman of said commission may issue certificates, 
countersigned by the secretary, for all claims against said commission, in- 

218 



PUBLIC LIBRARIES 38:293 

curred in the management of said traveling library or libraries, and in 
carrying out the objects of this article, which claims, when approved by 
the board of examiners, shall be paid by warrants drawn upon the fund 
in the state treasury provided for such purpose. 

Hist. R. C. § 674, reenacted '11, c. 159, § 176, 
p. 551 ; '03, p. 283, § 3. 

ARTICLE 21. 

PUBLIC LIBRARIES. 

38:291. Cities may establish libraries. The common council of 
every city and of every village of the state of Idaho shall have power to 
establish a public library and reading room, and for such purpose may 
annually levy, and cause to be collected, as other taxes are, a tax not ex- 
ceeding 1 mill on the dollar of the taxable property of such city or village, 
to constitute a library fund, which shall be kept by the treasurer separate 
and apart from other moneys of the city or village, and be used exclusively 
for the purchase of books, periodicals, necessary furniture and fixtures, 
and whatever is required for the maintenance of such library and reading 
room. 

Hist. R. C. § 675, reenacted '11, c. 159, % 177, p. 
551; '01, p. 3, § 1. 

38:292. School district libraries: Election. The trustees of a 
school district in which is situated no incorporated town or village, on 
the petition of 20 electors thereof, shall, upon four weeks' notice published 
in some newspaper of general circulation published in the county wherein 
such district is situated, submit to the electors thereof, at the first election 
held therein for the purpose of electing a member or members of the 
board of trustees, following the publication of the said notice, the question 
whether there shall be a public library established in such school district 
for the use and benefit of the citizens thereof. Those voting at such elec- 
tion in favor of such library shall put upon their ballots the words, "Public 
library — yes," and those voting thereat against such library the words, 
"Public library — no." If a majority of the electors voting at such election 
shall vote in favor thereof, the trustees aforesaid have authority, annually, 
to levy upon all the taxable property in such school district a tax not ex- 
ceeding 1 mill on the dollar valuation thereof, to be applied to the estab- 
lishment and maintenance of a library as aforesaid, and the procuring 
of suitable rooms for the same. All boards of school trustees, acting 
under the provisions of this section, shall perform the same duties required 
of, and have the same power and authority granted to the common council 
of a city or village by the provisions of this chapter under like conditions, 
and the treasurer of such board of trustees shall perform the duties of 
treasurer for the public library. 

Hist. R. C. § 676, reenacted '11, c. 159, § 178, p. Cross ref. Mandatory levy for school library re- 

551; '01, p. 3, § 2. quired : 38:94. 

38:293. Directors of library. For the government of such library 
and reading room there shall be a board of five directors appointed by the 
council of such city or village from among the citizens thereof at large, 
and not more than one member of the council of such city or village shall, 
at any time, be a member of said board. Such directors shall hold their 
office for three years from the date of appointment, and until their suc- 
cessors are appointed, but upon their first appointment they shall divide 
themselves at their first meeting, by lot, into three classes : Two mem- 
bers shall form the first class and shall serve for one year from the date 
of appointment; two members shall form the second class and shall serve 
for two years from the date of appointment; and one member shall form 
the third class and shall serve for three years from the date of appoint- 
ment. All vacancies shall be immediately reported to the proper council 

249 



38 :294 education 

by its directors, and shall be filled by appointment in the same manner as 
appointments are originally made. Appointments to complete an unex- 
pired term shall be for the residue of the term only. No compensation 
shall be paid or allowed to any director in any manner whatsoever. 

Hist. R. C. § 677, reenacted '11, c. 159, § 179, p. 
552; '01, p. 3, § 3. 

38:294. Same: Organization: Powers. Said directors shall, im- 
mediately after their appointment, meet and organize by the election of 
one of their number president, and by the election of such other officers 
as they may deem necessary. They shall make and adopt such by-laws, 
rules and regulations for their own guidance and for the government of 
the library and reading room as may be expedient. They shall have the 
exclusive control of the expenditure of all moneys collected for the library 
fund, and the supervision, care, and custody of the room or buildings con- 
structed, l